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JOURISrA.L 



OF THE 



HOUSE OF REPRESENTATIVES, 



OF THE 



STATE OF INDIANA, 



DURING THE 



FORTY-FOURTH SESSION 



OP THE 



GENERAL ASSEMBLY, 



GOMMENCma THURSDAY, JANUARY 5, 1865. 



INDIANAPOLIS: 

W. Pv. HOLLOWAY, STATE PEINTE^EE. 

1865. 



INDUJCA flTATK LSBRASt 



JOURNAL 



OF THE 



HOUSE OF REPRESENTATIVES. 



During the forty-fourth regular- session of the General Assembly of 
State of Indiana^ begun and held at the Capitol, in the City of 
Indianapolis, on Thursday, the ^th day of January, A. D., 1865, 
beitig the day fixed by laiv for the meeting of the same. 



The House of Representatives being called to order bj A. T. 
Whittlesey, Principal Clerk of the last House of Representatives, the 
following members appeared, produced their credentials, and were 
sworn into ofSce by J. T. Elliott, one of the Judges of the Supreme 
Court of the State of Indiana, and took their seats, viz.: 

From the County of Adams — Philemon N. Collins. 
From the County of Allen — 0. Bird and J. T. Shoaf. 
From the County of Bartholomew — 0. H. P. Abbett. 
From the County of Blackford and Wells — Newton Burwell. 
From the County of Brown — John Richards. 
From the Counties of Benton and White — Thomas Atkinson, 
From the County of Boone — Thomas M. Stringer. 
From the County of Carroll — John B. Milroy. 
From the County of Cass — Charles B. Lasselle. 
From the County of Clark — Jonas G. Howard. 
From the County of Clay — A. C. Veach. 
From the County of Clinton — Cornelius J. Miller. 
From the County of Daviess — Howard Crook. 
From the County of Dearborn — John G. Stringer and Ricard 
Gregg. 



From the County of DeKalb — Robert M. Lockhart. 

From the County of Decatur — Wm. H. Bonner. 

From the County of Delaware — A. Kilgore. 

From the County of Elkhart — Joseph Riford. 

From tne County of Floyd — Cyrus L. Dunham. 

From the County of Fountain — H. L. Roach. 

From the County of Franklin — R. Osborn. 

From the County of Grant — Henly James. 

From the County of Gibson — John Hargrove. 

From the County of Harrison — John W. Lopp. 

From the County of Hancock — John H. White. 

From the Counties of Huntington and Whitley — John R. CofTroth. 

From the Counties of Hancock and Shelby — Geo. C. Thatcher. 

From the Counties of Harrison and Washington— John Lemon. 

From the Counties of Hamilton and Tipton — Wm. Stivers. 

From the County of Hendricks — Chas. F. Hogate. 

From the County of Henry — David W. Chambers. 

From the County of Howard — Seymour T. Montgomery. 

From the County of Jackson — Jason B. Brown. 

From the County of Jay — Samuel A. Shoaf. 

From the County of Jefferson — D. C. Branham and T. T. Wright. 

From the County of Jennings — Hiram Prather. 

From the County of Knox — Jno. B. Patterson. . 

From the County of Kosciusko — tiarvy W. Upson. • 

From the County of Lagrange — Francis P. Griffith. 

From the County of Lake — Bartlet Woods. 

From the County of Laporte — Wm. W. Higgins and John H. W^illis. 

From the County of Lawrence — Robert Boyd. 

From the County of Madison — B. E. Croan. 

From the Counties of Marshall and Stark — Lloyd Glazebrook. 

From the County of Monroe — Samuel H. Buskirk. 

From the County of Marion — H. C. Newcorab and J. M. McVey. 

From the County of Miami — Jonas Hoover. 

From the County of Montgomery — Samuel Gregory. 

From the County of Morgan — A. J. Major. 

From the County of Noble — Philip Zeigler. 

From the County of Orange — Thomas Hunt. 

From the County of Owen — John M. Stuckey. 

From the County of Pike — J. W. Richardson. 

From the County of Parke — Thomas N. Rice. 

From the County of Perry — Henry Groves. 

From the County of Porter — Firman Church. 

From the County of Randolph — Thomas W. Reese. 

From the County of Ripley — B. F. Ferris. 

From the County of Rush — David M. Stewart. 

From the County of Spencer — F. M. Emerson. 

From the County of St. Joseph— John A. Henricks. 

From '.;he County of Stuben — Stephen C. Sabin. 

From the County of Scott — Thomas M. Sullivan. 



From the County of Shelby — James Harrison. 

From the County of Sullivan — Stephen Gr. Burton. 

From the County of Warrick — Robert Perigo. 

From the County of Tippecanoe — Jos. M. Hershey and J. L. 
Miller. 

From the County of Vanderburg — Fred. W. Cook. 

From the County of Vermillion — B. E. Rhoads. 

From the County of Vigo — F. M. Meredith and J. E. Woodruff. 

From the County of Wabash — John U. Pettit. 

From the County of Warren — Benjamin F. Gregory. 

From the County of Wayfie — John Sim, Wm. W. Foulke and E. Cox. 

From the Counties of Wabash and Kosciusko— Thomas C. White- 
side. 

From the Counties of Elkhart and Lagrange — Michael F. Shuey. 

From the Counties of Switzerland and Ohio — Augustus Welch. 

From the Counties of Fayette and Union — Gilbert Trusler. 

From the Counties of Hendricks and Boone — John F. Burns. 

From the Counties of Vanderburg and Posey — ^^E. T. Sullivan. 

From the Counties of Johnson and Morgan — Ezra A. Olleman, 

From the Counties of Newton, Jasper and Pulaski — Silas Johnson. 

On motion of Mr. Branham, A 

The Hou^e proceeded to the election of Speaker, by a viva voce 
vote. 

Those wJio voted for John U. Pettit^ Bepresentaiive from Wabash 

county, were — 

Messrs. Atkinson, Bonner, Boyd, Branham, Burns, Chambers, 
Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Gregory, of 
Montgomery, Gregory, of Warren, GriflSth, Groves, Henricks, Her- 
shey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, Lockhart, 
Major, Meredith, Miller, of Tippecanoe, Montgomery, McVey, New- 
comb, Olleman, Prather, Reese, Rice, Riford, Sabin, Shuey, Sim, Stew- 
ard, Stiver, Stringer, Trusler, Upson, Welch, Whiteside, Willis, Wood- 
ruff, Woods, Wright and Zeigler — 52. 

Those who voted for Jason B. Brown, a Bepresentatlve from the 
county of Jackson, ivere — 

Messrs. Abbett, Beckett, Bird, Burton, Burwell, Buskirk, Coffroth, 
Collins, Colover, Croan, Dunham, Glazebrook, Gregg, Hargrove, 
Harrison, Howard, Hunt, Lasselle, Lemon, Lopp, Miller of Clinton, 
Milroy, Osborn, Patterson, Perigo, Richards, Richardson, Roach, 
Shoaf of Allen, Shoaf of Jay, Stringer, Stuckey, Sullivan of Scott, 
Thatcher, Veach and White— 36. 

Mr. Pettit voting for Mr. Branham, of Jefferson county. 



6 

John U. Pettit, having received a majority of all the votes cast, 
was declared, by the Clerk, duly elected Speaker of the House of 
Representatives for and during the present session, and was conducted 
to the Chair by Messrs. Branham and Brown. 

Whereupon the Speaker returned his thanks as follows : 

Gentlemen : I thank you for the honor done me in selecting rae to 
preside over your deliberations. It will increase the value of this 
mark of confidence, if, in executing the duties of this office, you should 
think when our duties are ended, that I have deserved it. The best 
gratitude I can express will be in trying to deserve it. I confess a 
conscious diffidence in enterino; on this office, but I am encouras-ed in 
remembering that I am now charged with maintaining your authority, 
not my own — with administering the rules established by yourselves 
— to maintain the decorum, dignity and independence of debate, and 
to give ease and certainty to legislation, and that I shall be cheerfully 
supported by you all, from principle and feeling, in conducing to these 
objects. This will lighten the labors of the Chair, and make them 
cheerful; and if, as is not unlikely, my judgment shall betray me into 
errors, I know that I shall have your charitable indulgence. 

The functions of this body, always ilnportant, assume increased 
consequence in the midst of the sad and perilous history through 
which we are passing, and of which history our young Commonwealth 
has proudly acted its part. This requires from us, in order to pre- 
serve its honor, greater watchfulness, caution, sagacity. At this 
solemn threshold of our duties, under the fresh obligations of our 
oaths of office, which bind us with another tie of love and loyalty to 
the State, may I invoke you to emulate, by wisdom and justice in 
council, the renown of that patriotism which has warmed the hearts 
of all our people, still glowing with unabated fire, and which has felt 
no sacrifice too great for love of country, aud the equal glory of the 
soldiers of the State, who have willingly faced danger and sustained 
its honor on so many battle-fields. 

On motion of Mr. Branham, 

The House proceeded to the election of Principal Clerk. 

Those who voted for Cyrus T. Nixon, were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Burns, Chambers, 
Church, Cook, Cox, Crook, Emerson, Farris, Foulke, Gregory of 
Montgomery, Gregory of Warren, Griffith, Groves, Henri cks, 
Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, Lock- 
hart, Major, Meredith, Miller of Tippecanoe, Montgomery, McVey, 
Newcomb, Olleman, Pettit, Prather, Reese, Rice, Riford, Sabin, Shuey, 
Sim, Steward, Stiver, Stringer, Trusler, Upson, Welch, Whiteside, 
Willis, WoodrujQT, Woods, Weight, Zeigler — 53. 



Tho^e who voted for Jamea B. Newton, ivere, 

Messrs. Abbett, Bird, Brown, Burton, Burwell, Buskirk, Coffroth, 
Collins, Crone, Dunham, Glazebrook, Gregg, Hargrove, I^rrison, 
Howard, Hunt, Lasselle, Lemon, Lopp, Miller of Clinton, ^ilroy, 
Osborn, Patterson, Perigo, Bichards, Richardson, Roach, ShoaiF of 
Allen, Shoaff of Jay, Stinger, Stuckey, Sullivan of Scott, Thatcher, 
Veach, White— 35.* 

Mr. Cyrus T. Nixon having received a majority of all the votes 
cast, was declared duly elected Principal Clerk of the House for and 
during the present session, and was sworn in to office by the Speaker 
of the House, and entered upon the discharge of his duties. 

Mr. A. J. Beckett, of Dubois county, appeared, presented his cre- 
dentials, and was sworn into office. 

On motion. 

The House proceeded to the election of Assistant Clerk. 

Those ivlio voted for T. W. 0. Braffett were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Burns, Chambers, 
Church, Colover, Cook, Cox, Crook, Emerson, Farris, Foulke, Gre- 
gory of Montgomery, Gregory of Warren, Griffith, Groves, Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kil- 
gore, Lockhart, Major, Meredith, Miller of Tippecanoe, Montgomery, 
McVey, Newcomb, Olleman, Pettit, Prather, Reese, Rhodes, Rice, 
Riford, Sabin, Shuey, Sim, Steward, Stiver, Stringer, Trusler, Up- 
son, Veach, Welch, White, Willis, Woodruff, Woods, Wright, Zeig- 
ler — 54. 

Those ivho voted for John 0. Robinson were, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk, 
Coffroth, Collins, Crone, Dunham, Glazebrook, Gregg, Hargrove, Har- 
rison, Howard, Hunt, Lasselle, Lemmon, Lopp, Miller, Milroy, Os- 
born, Perigo, Richards, Richardson, Roach, Shoaff of Allen, Shoaff of 
J»y, Stenger, Stuckey, Sullivan of Scott, Thatcher, Welch and White- 
side — 36. 

T. W. 0. Braffett having received a majority of all the votes cast, 
was declared duly elected Assistant Clerk for and during the present 
term, was sworn into office by the Speaker of the House, and entered 
upon the discharge of his duties. 

On motion. 

The House then proceeded to the election of Doorkeeper, 



8 

Thou who voted for John H. Booley ivere, 

Messrs. Atkinson, Bonner, Boyd, Branham, Burns, Chambers, 
Church,' Cook, Cox, Crook, Emerson, Ferris, Foulke, Gregory of 
Montgomery, Gregory of "Warren, Griffith, Groves, Henricks, Her- 
shey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, Lockhart, 
Major, Meredith Miller of Tippecanoe, Montgomery, McVey, New- 
comb, Olleman, Pcttit, Prather, Reese, Rhodes, Rice, Riford, Sabin, 
Shuey, Sim, Steward, Stiver, Stringer, Trusler, Upson, Welch, White- 
side, Willis, Woodruff, Woods, Wright, Zeigler— 54. 

Those who voted for Henry Achey zvere, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Coffroth, 
Collins, Colover, Crane, Dunham, Glazebrook, Gregg, Hargrove, Har- 
rison, Howard, Hunt, Lasselle, Lemon, Lopp, Miller of Clinton, Mil- 
roy, Osborn, Patterson, Perigo, Richards, Richardson, Roach, Shoaff 
of Allen, Shoaff of Jay, Stenger, Stuckey, Sullivan of Scott, Thatcher, 
White— 36. 

Mr. Branham offered the following resolution : 

Resolved, That the Senate be informed that the House of Repre- 
sentatives have convened, and that enough of members to form a 
quorum have answered to their names, and have completed the organi- 
zation of the House by the election of John U. Pettit, the Repre- 
sentative from the county of Wabash, as Speaker; Cyrus T. Nixon, 
of Clark, Principal Clerk ; T. W. 0. Braffett, of Wayne, Assistant 
Clerk, and John H. Dooley, of the county of Boone, Doorkeeper ; 
and that the House is now ready to proceed with the legislative busi- 
ness of the session. 

Which, on motion, was adopted. 

Mr. Higgins offered the following resolution : 

Resolved, That the Rules of the last Legislature be the rules of 
this House, until others are adopted. 

Mr. Branham offered the following as a substitute, which was 
• accepted : 

Resolved, That the Rules of the last Legislature be the Rules of 
this House until others are adopted, and that a select committee of 
five be appointed to revise and report rules for the government of 
this House. 

Which, on motion, was adopted. 



The Speaker appointed Messrs. Branham, Buskirk, Higgins, Dun- 
ham and Newcomb said committee. 

Mr. Newcomb offered the following resolution : 

Hesolvedy That the Speaker be, and he is hereby authorized to 
appoint as many pages as he may deem recessary, for the convenient 
transaction of the business of the House. 

Which, on motion, was adopted. 

Mr. Griffith offered the following resolution : 

Whereas, It is generally accredited that E. Banta, whose name 
appears upon the printed list, was duly elected a Representative from 
the county of Johnson to the General Assembly of Indiana, but who 
appears here without certificate of election, by reason of the refusal 
upon the part of the Clerk of said county to issue the same ; there- 
fore 

Resolved, That the Judiciary Committee be directed to enquire 
into the propriety of preferring impeachment against said Clerk, for 
gross dereliction of duty, or administering such other punishment as 
the Constitution and laws demand. 

Which, on motion, was adopted. 

Mr. Branham moved that Mr. Banta of Johnson county be admit- 
ted as a member and sworn into office. 

Pending which question, the House adjourned till 2 o'clock P. M. 



2 o'clock, p. M. 

The House met. 

The question being on the motion of Mr. Branham to admit Mr. 
Banta as a member from Johnson county, 

Mr. Newcomb offered the following as a substitute, which was 
accepted by Mr. Branham : 

Whereas : It appears to this House that at the general election held 
in the county of Johnson on the 11th day of October, A. D., 
1864, Elijah Banta received a majority of the votes cast for Rep- 



10 

resentative of said county in the present General Assembly, as 

declared by the Board of Canvassers ; 
And Whereas : It further appears that the Clerk of the Johnson 

Circuit Court has refused to issue a certificate of election to said 

Banta, on the ground that the election of said Banta is contested; 
And Wuereas: No other person holds a certificate of election as 

Representative of said County of Johnson ; therefore, 

Be it Resolved, That until it is showu by an investigation of said 
contest that some other person is entitled to said seat, said Banta is 
entitled to be admiHcd as a member of this House, and that the 
Speaker be instructed to administer to said Elijah Banta the oath of 
office prescribed for members of this body. 

And submitted the accompanying affidavits : 

STATE OF INDIANA, \ 
Marion County. / 

Before me, Samuel P. Oyler, Senator from Johnson and Morgan, 
was by me first duly sworn, upon his oath deposes, and says that at 
the general election, held on the 11th of October, lb64, one Elijah 
Banta and one Louis C. Garr were the only candidates for the office 
of Representative of the county of Johnson in the State of Indiana, 
that according to the verified returns of the Board of Canvassers of 
said co.unty, he, the said Elijah Banta, received seventeen hundred 
and forty-six (1746) votes for said office, and the said Louis Garr 
received fifteen hundred and fifty-three (1553) votes for said office — 
that said Banta has been a resident and a voter of said county for 
ten (10) years last past. 

SAMUEL P. OYLER. 

Subscribed, and sworn to before me, this 5th day of January, 
1865. 

Laz. Noble, 
Clerk of the Supreme Court. 

STATE OF INDIANA, 
County of Marion. 

Elijah Banta, being by me first duly sworn, upon his oath deposes 
and says, that at the general election, held on the 11th of October, 
1864, he, Elijah Banta, and one Louis C. Garr, were the only candi- 
dates, who were voted for for the office of Representatives for the county 
of Johnson, in the State of Indiana ; that, according to the verified 
returns of the Board of Canvassers of said county, he the said 
Elijah Banta, received seventeen hundred and forty-six (1746) votes, 
and the said Louis C. Garr, according to the returns of said Board 
of Canvassers, fifteen hundred and fifty-three (1553) votes, for said 
office; that he the said Banta was therefore duly elected by a majority 



11 

of one hundred and ninety-three votes; th;it he, the said Eanta has 
been a citizen and a resident of Johnson county, Indiana, for the 
past sixteen years ; that he isforty-two.years of a^2:e to-day, and a legal 
voter of said county and State ; that on or about the first day of 
November, 1864, he demanded of John W. Wilson, Clerk of said 
county, a certificate of his election; said Wilson then and there 
refused to deliver him such certificate ; that on the 5th day of Janu- 
ary, 18(55, application was made to the Secretary of State for the 
returns of election of said county for the year 1864, and received the 
certificate hereto attached from said Secretary. 

(Signed.) E. BANTA. 

Subscribed and sworn to before me, this 5th day of 
January, 1865. 
(seal.) Laz. ]!*oble, 

Clerk of the Supreme Court 

State of L\diana, Office Secretary of State, 1 
Indianapolis, January. 5, 1865. f 

I certify that no returns of the vote for Representatives in the 
Legislature polled in Johnson county on the 11th day of October, 
1864, has been received at this office up to this date. 

M. North, 
Deputy Secretary of State. 

Mr. Brown moved to refer to the Committee on Judiciary. 

Ml". Branham moved to lay the motion on the table. 

Messrs. Dunham and Brown demanded tlie ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Burns, Chambers, 
Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Gregory of 
Montgomery, Gregory of Warren, Griffith, Groves, Henricks, Her- 
shey, Higgins, Hogat6, Hoover, James, Johnson, Kilgore, Lockhart, 
Major, Meredith, Miller of Tippecanoe, Montgomery, McVey, New- 
comb, Olleman, Prather, Reese, Rhoads, Rice, Riford, Sabine Shuey, 
Sim, Steward, Stiver, Stringer, Trusler, Upson, Welch, Whiteside, 
Willis, Woodruff", Woods, Wright and Zeigler— 53. 

Those who voted in the nc2;ative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk, 
Cofiroth, Colover, Croan, Dunham, Glazebrook, Gregg, Hargrove, Har- 
rison, Howard, Hunt, Lasselle, Lemon, Lopp, Milroy, Osborn, Patter- 
son, Perigo, Richards, Richardson, Roach, Shoaffof Allen, Springer, 
Stucky, Sullivan of Scott, Thatcher, Yeach and Welch — 34. 



I 



12 

Mr. Colover, Mr. Puett and Mr. Miller were excused from voting by 
consent of the House. 

The question being on the adoption of the resolution, Messrs. 
Brown and Lopp demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Atkinson Bonner, Boyd Branham, Burns, Chambers, Church, 
Cook, Cox, Crook, Emerson, Ferris, Foulke, Gregory, of Montgomery, 
Gregory, of Warren, Griffith, Groves, Henricks, Hershey, Higgins, 
Hogate, Hoover, James, Johnson, Kilgore, Lockhart, Major, Mere- 
dith, Miller of Tippecanoe, Montgomery, McVey, Newcomb, Olleman, 
Prather, Reel^, Bhoads, Rice, Riford, Sabine Sheuy, Sim, Steward, 
Stiver, Stringer, Trusler, Upson, Welch, Whiteside, Willis, Woodruff, 
Woods, Wright and Zeigler — 53. 

Xbose who voted in the negative were, 

Messrs. Banta, Beckett, Bird, Brown, Burton, Burweil, Buskirk, 
Coffroth, Collins of Adams, Croan, Dunham, Glazebrook, Gregg, 
Hargrove, Harrison, Howard, Hunt, Laselle, Lemon, Lopp, Miller of 
Clinton, Milroy, Osborn, Patterson, Perigo, Richards, Richardson, 
Roach, Shoaf of Allen, Shoaf of Jay, Stringer, Stuckey, Sullivan of 
Scott, Thatcher, Veach and White— 34. 

Whereupon Mr. Banta in compliance with the adoption of the res- 
olution came forward was sworn by the Speaker and took his seat. 

Mr. Rice offered the following : 

Besolved, That the State Librarian be ordered to furnish to each 
member of the House of Representatives, now in session, a sufficient 
amount of stationery on order of the Clerk. 

Mr. Branhan moved to refer the resolution to a select committee, 
and that said committee consider the subject of stamps for the use 
of the members of the House. 

Which, on motion, was adopted. 

Mr. Miller, of Clinton, offered the following Resolution : 

Resolved, That the Doorkeeper be instructed to contract with the 
Proprietors of the Daily Indiana State Sentinel and Daily Indiana 
State Journal, three copies each of said papers for the use of the 
Members and Elective officers of this House, two copies of each to 
be enveloped and stamped for mailing. 



. 13 

Mr. NeAvcomb moved to refer to Select Committee on Stationery. 

Mr Griffith moved to lay the motion on the table. 

The question being on laying the motion on the table, the same 
was lost. 

The question being in reference to the Select Committee, the res- 
olution was so referred. 

On motion of Mr. Buskirk, 

Leave of absence was granted to Mr. ShaiFer, of Fulton county, 
on account of serious illness. 

Mr. Boyd offered the following resolution : 

Eesolved, That the Doorkeeper be directed to place a copy of the 
Revised Statutes and Journals of the last session on the desk of each 
member of this House, 

Mr. Buskirk offered the following as a substitute : 

Eesolved, That the State Librarian be directed to procure and 
place on the desk of each member a copy of the Revised Statutes by 
Gavin & Hord ; also, the Journals of the last House; also, the large 
edition of Cushing's Manual for the Speaker; and also, a copy of 
the small edition of Cushing's or Jefferson's Manual for each member. 

Mr. Boyd accepted said substitute, and moved to refer to a Select 
Committee on Stationery. 

The resolution was so referred. 

Mr. Brown offered the following resolution : 

Be it resolved hij the House of Representatives, (the Senate concur- 
ring,) That a committee of three on the part of the House, and two 
on the part of the Senate, be appointed to invite some minister of the 
Gospel to open the General Assembly with prayer immediately pre- 
ceding the delivery of the message by his Excellency, the Governor. 

Which, on motion, was adopted. 

Mr. Stringer offered the following : 

Whereas, Dudley Hamrick and Higgins Lane are present in the 
House to contest the seats claimed by Austin M. Puett and S. 
Colover, as Representatives from Putnam county ; and Thomas 
Hamilton as contestant of the seat claimed by C. J. Miller, as 
Representative from Clinton county ; therefore, be it 



14 

Resolved^ That the said contestants be ailmitted to seats in this 
Assembly until the said contests are finally determined. 

The question being on the adoption of the resolution, 
Pending which, 

Mr. Newcomb moved to adjourn until to-morrow morning, nine 
o'clock. 

Which was agreed to. 



FRIDAY MORNING, 9 o'clock, \ 
January tith, 1865. j 

The House met pursuant to adjournment. 

The Journal was read and approved. 

Mr. Speaker announced Special Committee on Stationery and 
Stamps, under resolution of January 5th, viz: 

Messrs. Branham, Miller of Clinton, Miller of Tippecanoe, Mere- 

eith and Bird. 

t 

Mr. Stringer asked and obtained leave to withdraw resolution rela- 
ting to contested seats, offered by him yesterday. 

Mr. Shoaff of Jay offered the following resolution : 

Resolved, That the newspaper reporters be allowed seats inside the 
Bar for the purpose of reporting the proceedings of this House. 

Mr. Brown moved that said resolution be referred to a special 
committee of three. 

The resolution was so referred. 

Mr. Burns offered the following resolution : 

Resolved, That the Doorkeeper of the House is hereby authorized 
to employ a sufficient number of aids to enable him to discharge the 
various duties of his office, and that he is also directed to procure 
three thermometers for the use of the House, by and with the con- 
sent of the Speaker of the House. 



15 

Which, on motion, was adopted. 

Messrs. Benjamin F. Goodman, member elect from the county of 
Crawford, and John M. Humphreys, member elect from the county 
of Greene, came forward, presented their credentials, were swori> 
into oflRce and took their seats. 

Mr. Miller of Clinton offered the following resolution : 

Resolved^ That the Committee of Ways and Means be instructed 
to allow no claims to go into the Specific Appropriation Bill, which 
shall not have been presented at least ten days before the expiration 
of the session, unless the claims shall have accrued within or during 
the last twelve days of the session. 

On motion of Mr. Newcomb, 

The resolution was referred to the Committee on Ways and Means. 

Mr. Veach offered the following resolution. 

Resolved, That the Doorkeeper be instructed to procure and deliver 
three dollars worth of postage stamps to each member of the House, 
two dollars worth of one cent stamps and one dollars worth of three 
cent stamps. 

Mr. White moved to refer said resolution to the Committee on 
Stationary. 

The motion was lost. 

Mr. Thatcher moved to amend said resolution by striking out one 
cent stamps and inserting two cent stamps. 

Which was accepted. 

Mr. Brown moved to refer said resolution to the Committee on 
Stationary and Stamps. 

Which was agreed to. 

On motion of Mr. Branham, 

The House adjourned to meet at 2 o'clock, P. M, 






16 



2 o'clock, p. M. 

The House met. 

The Speaker presented to the House the following communication 
from the Secretary of State. 

State of Indiana, Office Secretary or State, 1 
Indianapolis, January 6, 1865. j 

Hon. John V. Peitit, Speaker of the House of Representatives : 

Sir : — I have the honor to lay before the body over which you 
preside the accompanying papers in relation to the contested elec • 
tions for Representatives, from the county of Putnam, wherein Hig- 
gins Lane and Ambrose D. Hamrick contest the seats, in said body, 
of Austin M. Puett and Samuel Colover ; also, the papers in relation 
to the contested election for the Representative from the county of 
Clinton, wherein Thomas M. Hamilton contests the seat, in said body, 
of Cornelius J. Miller. 

Very respectfully, 

JAMES S. ATHON, 

Secretary of State. 
On motion of Mr. Buskirk, 

Said communication w^as referred to the Committee on Elections. 

A message from the Senate by Mr. Whittlesey, their Secretary: 

Mr. Speaker: 

I am directed by the Senate to report to the House of Representa- 
tives the following resolution, which has been adopted by the Senate : 

Resolved, That the Secretary of the Senate inform the House of 
Representatives that the Senate has convened, Hon. Paris C. Dunning 
acting aCs President, has elected Azariah T. Whittlesey, of the county 
of Vanderburgh, as Principal Secretary, and Jacob S. Broadwell, of 
the county of Monroe, as Assistant Secretary, and recognized W. S. 
Montgomery, the Doorkeeper of the last Senate, as having the right 
to act as such until a Doorkeeper shall be elected, is now ready to 
proceed with the business of the session. 

^ Message from the Senate by Mr. Whittlesey, their Secretary: 

Mr. Speaker : * 

I am directed by the Senate to inform the House that the Senate 



17 

has adopted the following resolution, in whioli the concurrence of the 
House is respectfully requested. 

Senators Downey and Van Buskirk liavr* heeri appointed a Com- 
mittee on the part of the Senate. 

Resolved^ That a committee of two on the part of the Senate, tn 
act with a similar committee on the part of the House, be appointed 
to wait on His Excellency, the Governor, and inform him that the 
two Houses of the Legislature have organiz.ed. and ure ready to 
receive any communication which he has to make, and to inquire of 
him when he will deliver his annual message. 

Resolved, That the said committee arrange so as to have tlie mes- 
sage delivered to the General Assembly in joint session, and that in 
such joint session, immediately before the delivery of the message, 
the session be opened by prayer by some Clergyman, to be desig- 
nated and invited by the committee. 

On motion of Mr. Buskirk, 

The message of the Senate was taken up and concurred in. 

Messrs. Brown, McVey and Gregory of Montgomery an ere appointed 
sSid committee on the part of the House. 

Mr. Branham moved that the speaker be authorized to employ for 
his own use and benefit n clerk. 

Which was agreed to. 

Mr. Buskirk, from the committee to revise the Rulcv^ of the House 
made the following report : 

Mr. Speaker: 

The committee appointed to revise the Rules of the House and 
the Joint Rules of the two houses, have had the same under con- 
sideration, and have directed me to recommend the adoption of the 
Rules and Joint Rules of the last General Assembly, with one 
amendment; and when so amended, that thre^ hundred copies thereof, 
with the Constitution of this State, be printed for the use of thiF 
House. 

Amend the 58th Rule of the House by adding thereto the follow- 
ing: 

Except that before the House passes to other business, a motion 
declaring it expedient to dispense "with the constitutional rule requir- 
ing a reading on three several days, shall be privileged, and decided 
without debate. 

H. J.— 2 



18 
Which, 



') 



On motion, 
Were laid on the table. 

Mr. Brown, from the Joint Select Committee appointed to wait on 
the Governor, made the following report : 

Mr. Speaker:' 

The undersigned, Committee on the part of the House to act with . 
a similar committee on the part of the Senate, and inform His Excel- 
lency, the Governor, of the organization of the two houses of the 
Legislature, have, in conjunction with the Senate, attended to the 
duties assigned them, and report that His Excellency wilt deliver his 
annual message to the General Assembly at 2 J o'clock this after- 
noon. The Senators will be provided with seats at the right of the 
Speaker's stand in the hall of the House. The session will be 
opened by prayer by the Rev. Aaron Wood, D. D., of the Methodist 
Episcopal Church ; after which, the annual message will be delivered 
by His Excellency, the Governor. 

Jiesolved, That the Senate be invited to repair to the Hall of the 
House of Representatives immediately, to hear the message of his 
Excellency Gov. Morton, and that seats be prepared on the right of 
the Speaker's chair for the Senate. 

The Senate came into the Hall of the House and took their seats 
on the right of the Speaker's chair. 

Mr. Brown offered the following resolution : 

'Resolved^ That the Clerk of the House inform his Excellency, Oliver 
P. Morton, Governor, that the Senate and House of Representatives 
have assembled in joint session, and are ready to hear his message. 

When the General Assembly of the State of Indiana was opened 
with prayer, by the Rev. Aaron Wood, D. D. 

After which his Excellency, the Governor, delivered the following 
Message in the nresence of both Houses : 

To the General Assembly of the State of Indiana: 

From the report of the Adjutant General, I am able to give the 
number of men who have gone into the military service of the United 
States from this State, from the beginning of the war until the first 
day of January, 1865: 



19 

VOLUNTEERS TO JANUARY 1, 1862. 

Infantry, 6 regiments 3 months 4,698 

" 2 regiments 1 year men 1,698 

" 48 regiments 3 years men 47,505 

Cavalry, 3 regiments 3 years men 3,238 

Artillery, 17 batteries 2,292 

53,035 

UNDER CALLS FOR 1862. 

Infantry, 1 regiment, 54tli, 1 year 1,023 

'' 30 regiments, 3 years 28,272 

Cavalry, 2 regiments, 3 years 2,437 

Artillery, 7 batteries 978 

31,687 

RECRUITS 1861,-62, AND TO SEPTEMBER 5, 1863. 

Infantry, 4,810; Cavalry, 537; Artillery, 499 5,846 

97,987 

UNDER CALLS OF 1863 AND 1864. 

Infantry, 4 regiments, 6 months men 3,773 

" 6 regiments, 3 years men 5,505 

" 2 regiments, 1 year men (140th and 

142d) 1,880 

Cavalry, 7th regiment 1,167 

*' 5 regiments 6,001 

Artillery, 1 battery, 25th.... 144 

14,697 

RECRUITS FROM SEPTEMBER 5, 1863, TO DATE. 

Infantry 9,707 

Cavalry 1,347 

Atillery 1,298 

12,352 

Additional number shown by rolls in the Adjutant Gen- 
eral's office, say 900 

Additional for 28th U. S. colored volunteers 518 

One hundred days volunteers, 8 regiments 7,129 

Re-enlisted veterans 11,494 

148,850 
Drafted men and substitutes forwarded and in 

camp, as reported by Gen. Carrington, Sup't... 14,580 

Enlisted in regular army „ 1,110 

Enlisted in the navy , 774 

16,464 

Totalnumber of men furnished.,.....,..,, 165,314 



20 

RECRUITS FOR UNEXPIRED TERMS. 

There is a peculiar hardship existing in regard to the recruits of 
1862 for the old regiments. They undoubtedly enlisted upon the 
understanding that they were to be mustered out along with their reg- 
iments into which they went^ and would not be held for three years 
from the time of their enlistment. This understanding was partici- 
pated in by their recruiting officers, the general mustering officer 
stationed here by the Grovernment, and by the State authorities. 
When the time came for mustering out their regiments, they de- 
manded their discharge, which was refused. I presented the matter 
to the Secretary of War, who declined to act on it on the ground 
that the formal muster roll which they had signed, showed that they 
had entered into the service for the period of three years, and left 
him no discretion to interfere in their behalf. This was true; but, 
nevertheless, the understanding existed in full force, as the statement 
in the muster roll was explained by the mustering officer as a mere 
technical necessity. I afterwards addressed a memorial on the sub- 
ject to Congress, stating all the facts, and inviting them to take ac- 
tion for the relief of these men, but they failed to do so at the time. 
I present the matter for ^''our consideration, trusting that you will 
see fit to lay it before Congress. 

GALLANTRY OF INDIANA SOLDIERS. 

The duty of appointing offieers^to command our regiments is full 
of responsibility and embarrassment. I have commissioned many 
whom I did not know, and for whose fitness I was compelled to rely 
entirely upon the opinion of others. But it affords me great gratifi- 
cation to state that the Indiana officers, as a body, have been found 
equal to those of any other State; that they have, upon every battle 
field, nobly sustained the great cause, and shed lustre upon the flag 
under which they fought. Many have been appointed to high com- 
mands, in which they acquitted themselves with the greatest honor 
and ability, and very many have nobly laid down their lives in battle 
for their country. Our private soldiers have behaved with uniform 
and distinguished gallantry in every action in which they have been' 
engaged. They form a part of every army in the field, and have 
been among the foremost in deeds of daring, while their blood has- 
hallowed every soil. Hitherto engaged in the peaceful pursuits of 
trade and agriculture, they have manifested that lofty courage and 
high-toned chivalry of which others have talked so much and pos- 
sessed so little, and which belongs only to the intelligent patriot who 
understands well the sacred cause in which he draws his sword. 
Thousands have fallen the victims of an unnatural rebellion. They 
were fighting from deep convictions of duty and the love they bore 
their country. Their unlettered graves mark a hundred battle fields, 
and our country can never discharge to their memory and their pos- 
terity the debt of gratitude it owes. That gratitude should be testi- 



21 

•fiedby the tender care we take of their families and dependent ones 
whom they have left behind, and by the education of their children. 

GETTYSBURG CEMETERY. 

After the battle of Gettysburg, arrangements were made by the 
State of Pennsylvania for the establishment of a national cemetery 
upon the battle field, in which each State, having troops engaged, 
should have a place set apart for the burial of its dead. As Indiana 
lost many gallant and cherished sons in that great conflict, I took the 
responsibility of co-operating with Pennsylvania and other States, 
by the appointment of Col. John G. Stephenson as commissioner to 
select the place and superintend the removal thereto of our dead. 
These duties he faithfully performed, and for more full information 
you are referred to his report herewith submitted; and for an account 
of the expenses incurred, to the financial report of Mr. Terrell. For 
my action in this matter, your approval is respectfully solicited. 

CARE OF soldiers' FAMILIES. 

I invite your immediate attention to the necessity of making an 
appropriation for the relief and support of the families of our sol- 
diers. It is too well understood to require argument or statement, 
that the monthly pay which they receive, especially after deducting 
that part which their own wants in the field absolutely require them 
to expend, is wholly insufficient for the support of their families, at 
this period of high prices. The duty resting upon the people of the 
State to provide support, and prevent sufi'ering and destitution in 
these cases, is also too clear for argument, and needs only to be 
stated to command general assent. If the relief be furnished in 
the manner proposed, the burden will fall upon all the people of the 
State according to their several capacities to bear it, and will be so 
light as to be scarcely felt, and will, I am sure, be cheerfully borne. 
It is an hour of great trial to the nation, and solemn duties are de- 
volved upon the people, whether at home or in the field. Our sol- 
diers are performing their duties gloriously, and to the admiration of 
the world. Let the people at home do theirs, and all will be well. 

INDIANA STATE SANITARY COMMISSION. 

I have thought proper to lay before you the report of Dr. Hanna- 
man. President, and Alfred Harrison, Treasurer, of the Indiana State 
Sanitary Commission. Since its formal organization, on the 3d day 
of March, 1862, it has received contributions in money to the amount 
of one hundred and fifty-five thousand seven hundred and ninety-six 
dollars and forty-five cents, and supplies for the army valued at three 
hundred and thirteen thousand six hundred and five dollars and sixty- 
six cents, making an aggregate of four hundred and sixty-nine thous 
.and four hundred and two dollars and eloTcn cents. As to the man- 



22 

ner in which this money and these supplies have been expended and 
distributed, and the number, management, and operations of the 
various military agencies that have been established, the appointment 
of special surgeons, and traveling Sanitary Commissioners, you are 
referred to Dr. Hannaman's report. This Commission has been 
instrumental in preserving many lives, and relieving untold suflfering 
and distress. It has received no support from the fairs held in the 
great cities, in -which large sums have been realized, but has been 
sustained by a system of collections and voluntary contributions, on 
the part of our people, which are fully described by Dr. Hannaman. 
I am aware that as this Commission has not been established by law^ 
and is not, therefore, legally responsible to the Legislature, it may be 
said, by some, that you should take no cognizance of it whatever, but 
as the people of the State have a right to know what disposition has 
been made of their patriotic gifts, and as the soldiers of Indiana are 
deeply interested in its continued success, which can only be main- 
tained by preserving the confidence of the people in its integrity and 
efiiciency, it is my desire, and that of all the officers engaged in its 
administration, that you should take cognizance of it, and institute 
such investigations, by a proper committee, as will establish its merits 
and claims to public confidence, or enable its enemies to point out its 
defects. 

I cannot leave the subject without expressing to Dr. Hannaman my 
sincere thanks for the devotion, ability, and disinterested patriotism 
with which he has presided over its afi'airs. For more than two years he 
has entirely abandoned his own business, and given his time and labor 
wholly to the great work of relief to our sick and wounded soldiers, 
without reward or the hope of it, and has thus set a noble example 
before our countrymen of the spirit in which the burthens and duties 
of the war should be borne. Nor should I omit to return thanks to 
the Treasurer and all other officers of the Commission, for their 
devotion and efficiency in the discharge of their duties, and especially 
to the patriotic women of Indiana, by whose labors and influence the 
greater part of the contributions have been made. Their zeal has 
not been diminished by the protraction of the war, but has increased 
with the increasing wants of our soldiers, and while many have 
labored unceasingly with their hands, others have been most liberal, 
and often from very small means. They have their reward in the 
support they have given to the cause, and in the gratitude of the 
many thousands of brave hearts that they have made light and 
happy. 

The duties of collecting back pay, pensions, and bounties for our 
soldiers and soldiers' widows and orphans, free of charge, I devolved 
upon the agencies established at Washington and in this city, nearly 
two years ago, and they have accomplished much good in that way. 
But I have not been able to employ the force necessary to meet the 
demands of a business so large and important, and I recommend that 
such legislation be had as will establish agencies upon a permanent 
basis, with a force sufficient to transact the business, and. save the 



23 

claimants from the great sacrifice they rnay otherwise be compelled 
to make, many of whom are but poorly able to bear it. 

soldiers' votes. 

Under the provisions of our Constitution, no person can vote 
except in the precinct in which he resides. This should be so 
amended, in my opinion, as to enable such of our citizens as are in 
the military service of the Government, and who would be entitled 
to a vote if at home, to vote wherever they may be, in camp or field, 
under such reasonable regulations and safe-guards as might be pre- 
scribed by the Legislature. 

I can conceive of no greater political injustice, than the exclusion 
from the right of sufi'rage, of those gallant men who are absent from 
home, because they are fighting the battles of their country. I 
earnestly hope that immediate steps will be taken to relieve our Con- 
stitution of this injustice, and although it may not be accomplished 
in time to become operative during the war, it should not on that 
account be neglected. 

LEGION. 

It is important to the peace and security of the State, that we have 
a well organized and equipped Militia, which may be speedily called 
out in case of an emergency. To the officers and men of the Indiana 
Legion, the State chiefly owes the immunity she has enjoyed from 
invasion, plunder and murder, by the guerrillas and marauding bands 
which have infested many of the adjoining counties of Kentucky. 
On several occasions they met the enemy in battle, when they ably 
maintained the credit of the State, and behaved with that distiri- 
guished courage which has characterized the soldiers of Indiana 
throughout this war. Some have fallen in battle, and I earnestly 
recommend that their families b^provided for, and placed upon a 
footing at least equal to the families of those who fall in the Federal 
service. 

The organization, discipline and efficiency of the Militia should be 
encouraged and promoted by every means and inducement which the 
Legislature can present, and placed, if possible, upon an enduring 
basis. It should be so organized that every person capable of per- 
forming military duty, might in an emergency, be compelled to render 
military service, and the defence of the State not left to those only 
who enter voluntary organizations. Where all are equally interested, 
all should be subject to equal duties and obligations, and no Militia 
system can be regarded as efficient for the protection of the State, 
under which every ab*le bodied man within military age cannot, upon 
an emergency, be called into the field. In this respect the present 
law is entirely wanting, and in many others is so defective as to make 
it a matter of surprise that the organization of the Legion should 
have been so efficient and well maintained as it has. I, therefore, 
call your attention to the necessity of so amending^ the law, as to 



24 

create a military organization that will be efficient and suited to the 
• (-ircumstances by which we are surrounded. 

The very able report of Major General Mansfield, of the general 
operations and condition of the Legion for the last two years, is inter- 
esting and important. 

QIAKTER.MASTEKS RKPORT. 

The report of the Quartermaster and Commissary General is here- 
with laid before you. and your attention especially called to its con- 
tents. The Administration of this department by General Stone has 
been highly successful and satisfactory. 

. EXPENDITURES OF THE PAYMASTER. 

The State Paymaster, Major Stearns Fisher, has disbursed for all 
purposes the sum of t'.vo hundred and fifty-eight thousand six hun- 
dred and ten dollars and ten cents. Of this amount I advanced to him 
one hundred and seventy -one thousand six hundred and sixty-one 
dollars and eighty-eight cents, of which he repaid to me the sum of 
fifty thousand dollars. He drew, by my order, from the special mili- 
tary fund, created by the law^ of 1861, tlie sum of seventy-five 
thousand dollars. When this latter sum was refunded to me by the 
Government, upon filing with it the receipted pay-rolls, I paid the 
money into the State Treasury to the credit of the appropriation 
ii-om which it was draw^n, and from which he has drawn again, the 
sum of sixty-nine thousand eight hundred and forty-two dollars and 
nine cents. According to his report, w^hich is herewith submitted, the 
whole amount of liabilities incurred to the Indiana Legion and min- 
ute men, for military services, is fmir hundred and nineteen thousand 
seven hundred and forty-tw^o doUaJ^ and eight cents, of which amount 
the sum of two hundred and thirty five thousand seven hundred and 
sixty-eight dollars and forty-six cents has been paid, leaving unpaid 
the sum of one hundred and eighty-three thousand nine hi^ndred and 
seventy-three dollars and sixty-two cents. But the Paymaster has 
still in his hands the sum of twenty-seven thousand four hundred and 
seventy-three dollars and seventy-seven cents in cash, leaving the 
balance to be provided for. 

DAMAGES BY THE MORGAN RAID. 

In the month of July, I860, the State was invaded by the rebel 
General John Morgan, and the forces under his command. In 
response to a call which I issued for military forces for the purpose 
of capturing and punishing this robber horde, our people flew to arms 
in numbers and with an alacrity before unknown in the histor}^ of 
the war. In a few short hours the invasion was converted into a 
flight, and the invaders all being mounted, were cnablpd to effect 
their escape over our eastern border into Ohio, "where they were finally 



25 

captured. During their brief presence in the State, however, they 
inflicted much damage by the destruction of property, the plundering 
of stores, the stealing of horses and provisions, and robberies of vari- 
ous kinds. The true theory of our government is that it shall pro- 
tect the people in their persons and property against invasion and 
loss from the public enemy, or injury by domestic insurrection. Where 
losses in property have been thus sustained, it is much easier for the 
people of the State to bear them in their collective capacity, than it 
is for the particular individuals upon whom they have fallen. In 
many instances, persons who lost their property in the Morgan raid 
were in humble circumstances, and were put to great inconvenience 
thereby, and in some cases reduced even to destitution. I therefore 
recommend that a commission be created, clothed with such powers 
as will enable them to make a full and careful appraisement of the 
damages sustained, and that an appropriation be made to defray them 
out of the Treasury, when they have been legally assessed. As there 
is a natural tendency to exaggerate damages when they are to be paid 
for by the public, such safeguards should be adopted by the Commis- 
sion as will prevent imposition upon the State. 



* ARSENAL. 

When our first regiments were ready to take the field, they were 
unprovided with ammunition, and as none could be readily procured, 
it became necessary to have it prepared. Colonel Sturm then was 
engaged for that purpose. He ha/i studied the art in Europe, and 
was thoroughly instructed in all its details. He succeeded well in the 
enterprise from the beginning, and his ammunition was pronounced 
the very best in use. Thus was the Arsenal established, and as the 
demand for ammunition daily increased, and the necessity, so far from 
passing away, became constantl^greater as the war progressed, what 
was first intended as a temporary convenience, became a large and 
permanent establishment. Colonel Sturm continued at the head of 
the establishment, managing it with great success and ability, prepar- 
ing ammunition of every description for artillery and small arms, and 
not only supplying our own troops when going to the field, but sending 
immense quantities to the armies in the West and South. In several 
emergencies the armies in the West and South were supplied from 
here, when they could not procure it in time from other arsenals, and 
serious disasters thereby avoided. 

Shortly after the Arsenal was fully established, it was brought to 
the attention of the War Department, and the ammunition having 
been thoroughly tested, the Government agreed to pay for what had 
already been issued, and to receive and pay for what should be pre- 
pared thereafter, at prices which were mutually satisfactory to both 
parties. These prices were generally below what the Grovernment 
paid for ammunition, but such as, it was believed, would fairly indem- 
nify the State for all costs and expenses incurred on that account. 



26 

The operations of the Arsenal were suspended during the session 
of the late Legislature, and its condition and results fuUj reported to 
that body. No legislative action having been taken in regard to it, 
and the necessity for its continued operations still existing in full 
force., I proposed to the Auditor and Treasurer of State, that they 
should co-operate with me in carrying it forward. This they declined 
to do on the ground that it was not authorized by law. Afterwards 
I determined to take the responsibility of continuing its operations, 
provided the Legislative Auditing Committee would examine and 
audit all items of expenditure that might be incurred on that account. 
To this the Committee agreed, upon condition that one of their num- 
ber should be selected to be present at the Arsenal at all times, for 
the daily examination of its expenditures, and inspection of its opera- 
tions. With this arrangement I was well satisfied, and the Committee 
selected the Hon. Samuel H. Buskirk for that duty. He continued 
in the performance of the duties thus assigned him with ability and 
industry, until the final winding up of the Arsenal, at which time the 
Committee made a full report of its operations, which is herewith 
submitted. It will be found from an examination of this report, and 
the detailed accounts of the Arsenal from the time of its starting, 
that it yielded a net cash profit to the State of seventy-one thousand 
three hundred and eighty dollars and one cent, (^71,380.01,) besides 
having on hand, for future use, if necessary, all the tools and appa- 
ratus stored away injthe Quartermaster's Department, valued at four 
thousand and two dollars and forty-four cents. All sums at any time 
drawn from the State Treasury, on account of the Arsenal, have been 
returned, and the profits only have remained in my hands, which I 
have charged against myself in the general account, and have used 
in defraying the expenses of the State Government. It was no part 
of the original plan that profits should result to the State from its 
operations, and they have sprung solely from "the economical and 
skillful management, for which Colonel Sturm is entitled to the chief 
credit. Its original establishment and continuance were strictly a 
military necessity, and whether absolutely covered by the law or not, 
have been of great benefit to the State and the Government. It 
entailed upon me great responsibility and anxiety, from which I gladly 
escaped at the earliest moment. 

EDUCATION. 

Your attention is called to the report of the Superintendent of 
Public Instruction, and the suggestions and recommendations con- 
tained in it. The School Law requires amendment in several impor- 
tant particulars, and it is believed that the fund can be materially 
increased without adding to the burthens of the people of the State. 

While Indiana has a larger school fund than any other State, she 
has not, by any means, the best system of common schools. Money 
alone will not make good schools, and an indispensable requisite is 
educated and disciplined teachers. The necessity for a State Nor- 



27 

mal School has been severely felt for many years, and earnestly urged 
by the most eminent teachers and friends of education. Indeed, I 
am satisfied from my own observation, and the recorded experience of 
other States, that our system of common schools can never even 
■approach to what it ought to be, until an institution shall be estab- 
lished in which teachers shall be trained and disciplined for their high 
and honorable calling. A few thousand dollars diverted every year 
from the school fund revenue for this purpose, would soon make the 
expenditure of the balance vastly more beneficial to the children of the 
State. When we consider the magnitude of the school fund, the wealth of 
the State, and the ability of our people to pay taxes for the advance- 
ment of education, there is no reason why we may not have a system 
of common schools equal to that of any other State, save the absence 
of qualified teachers ; and these we shall never have in sufficient num- 
bers until a State Normal School has been permanently establislijGd, 
of sufficient capacity to receive and instruct all who desire to enter 
the profession of teaching. 

DONATIO >f OF LAND BY CONGRBSS FOR AGRICULTURAL COLLEGES. 

In presenting the subject of the donation of land by Congress for 
Agricultural Colleges, in the several States, I can not do better than 
repeat the recommendations of my former Message : 

" On the ^d day of July, 1862, the Congress of the United States 
passed an act donating to each of the States not in rebellion against 
the Government, an amount of public lands equal to 30,000 acres for 
each Senator and Representative in Congress, to which the States are 
respectively entitled by the apportionment under the census of I860. 
This entitles Indiana to 390,000 acres. Whenever there are public 
lands in the State, subject to sale at private entry at $1.25 per acre, 
the quantity to which the State is entitled shall be selected from such 
lands ; but if there are no such lands in the State, or not enough, the 
Secretary of the Interior is to issue to the State, land scrip for the 
requisite number of acres. This scrip can not be located by the 
State to which it is issued, but must be sold ; but the purchasers may 
locate it upon any of the unappropriated lands of the United States, 
subject to sale at private entry at $1.25, or less, per acre. 

" There being no public lands in this State for sale at private en- 
try, held by the Government at $1 25 per acre, Indiana is entitled to 
receive her donation in scrip. 

" This donation is made upon the following conditions : First — 
That all moneys derived from the sale of lands or scrip shall be in- 
vested in stocks of the United States, or of the States, or some other 
safe stocks yielding not less than five per centum per annum, on the 
par value. 

"Second— That the monies invested shall constitute a perpetual 
fund, the capital of which shall never be diminished, except as here- 
inafter stated. 

" Third — The interest on the stocks to be inviolably appropriated 



28 

"by the State, to the endowment and support of at least one College 
in which the leading object shall be, v/ithout excluding scientific and 
classical studies, and including Military Tactics, to teach such 
branches of learning as are related to Agriculture and the Mechanic 
Arts. 

"Fourth — If any portion of the fund thus invested shall by any 
contingency be lost, it shall be fully restored by the State. 

" Fifth — That no portion, of the said fund shall be applied to the pur- 
chase, repair, or erection of any building, but that a sum not exceed- 
ing ten per cent, of the original amount may be expended for the 
purchase of sites for experimental farms. 

" Sixth — No State shall be entitled to the donation, unless the 
Legislature shall express its acceptance thereof, within two years 
from the date of the approval of the Act by the President. 

,-•1 recommend that the Legislature promptly express its acceptance 
of the grant, pledging the faith of the State for the performance of 
the conditions upon which it is made. 

" The necessity for scientific instruction in agriculture is generally 
acknowledged, and Congress intended by this magnificent donation to 
provide means for the permanent establishment of at least one effi- 
cient Agricultural College in each State. 

" The question presents itself as to the disposition which shall be 
made of the grant. Shall it be given to the State University, or ap- 
portioned among all the Colleges of the State, upon such terms and 
conditions as the Legislature may prescribe ; or shall a new Institu- 
tion be created expressly designed to carry out the will of Congress? 
It may be difficult now to determine the question from the fact that 
we cannot know how much may be realized from the sale of scrip. 
If an amount should be realized large enough to endow respectable 
and successful Professorships in each of the Colleges now in the State, 
attaching to them experimental farms, it would perhaps be the best 
disposition of it that could be made. But if it should not be largje 
enough for such division, which I apprehend will be the case, then I 
recommend that it be applied to the establishment of an Institution 
for Agricultural and Military instruction, to which the children of 
soldiers who shall die in the service during this war, shall be admitted 
free of charge. 

" At the last session of Congress, the time was extended within 
which the States might accept the grant, and it is important that you 
take action upon it before the final adjournment." 

EMIGRATION. 

It is not necessary to argue the importance of adding to the wealth 
and population of Indiana, by increasing the imigration to her borders 
from the various countries of Europe. The agricultural and mineral 
resources of the State are, as yet, comparatively undeveloped, for the 
want of population, labor and capital. Nearly one-fourth of the 
-whole urea of the State is a coal field, a large part of which is said to 



29 

be of the best quality. Excellent iron ore is found in vast quantities 
in many counties, and throughout the State, excepting a few small 
localities, the soil is rich and fertile, capable of producing all the 
grains and grasses in the greatest abundance. The State abounds in 
fine timber, and living streams of water, and in every respect presents 
facilities for an easy and profitable agriculture, while an abundance of 
coal and water power furnishes the means for manufacturing on the 
largest scale and cheapest terms. Large tracts of country are yet* 
unsettled, and in many counties the population is quite sparse, and it 
is not too much to say, that the State can support in ease and comfort 
a population three or four times larger than the present. The war 
has made a heavy draft upon the labor of the State, which is now 
scarce and in great demand, and should be replenished and increased 
by every legitimate means. I therefore earnestly recommend the 
establishment of a bureau of emigration, upon a plan similar to that 
adopted by several of the Western States, providing for one or more 
agents in Europe, whose duty it shall be to furnish to persons about 
to emigrate to America, information of the geography, population, 
wealth and resources of the State, and the prospects for health, com- 
fort, wealth and education, presented to those who come in search of 
new homes, and of such facilities for getting here as the State may 
be able to furnish. Some of our sistei States have in this way added 
largely to their population and wealth, and while we are somewhat 
late in beginning, it will be later and worse for us the longer it be put 
off. In accordance with this view I have caused to be prepared and 
published, in both English and German, a pamphlet setting forth the 
condition and resources of the State, and presenting the inducements 
offered to emigrants from abroad, copies of which are herewith sub- 
mitted. 

COLONIZATION. 

I recommend that the second section of an act,. approved March 
5th, 1853, which authorizes the State Board of Colonization to appoint 
an Agent, or Corresponding Secretary, be repealed. Since the pas- 
sage of the act, I learn that nearly eight thousand dollars has been 
paid out in salaries to the Secretary appointed by the Board, and in 
that time but one man has been sent to Liberia from the State. Thib 
office is a mere sinecure, and the duties which have been attached to 
it by law, can be readily performed by the Secretary of State, should 
any arise in the future. 

NEGRO TESTIMONY. 

' The staltute which excludes negroes frem testifying in courts of 
justice, in cases in which white persons are parties, is in my opinion, 
a stigma upon the humanity and intelligence of the State. The idea 
that the white race must be protected against the colored, by impos- 
ing on them this disability is absurd, and has been made the cover 



30 

and protection for much crime and injustice. As the law stands, 
murder may be perpetrated with impunity, by white persons in the 
presence only of colored witnesses, and it is well known that negroes 
are often employed by white persons as the instruments of crime and 
fraud because of their inability to testify in courts of justice. The 
interests of both races demand that this disability be removed, and if 
Jjhe fact of color affects credibility, that can be referred to the court 
and jury as in other cases, and would undoubtedly receive due con- 
sideration. Indiana ana Illinois are the only free States whose stat-- 
ute books are dishonored by the retention of a law so repugnant to 
the spirit of the age, and the dictates of common sense. 

ENUMERATION AND APPORTIONMENT. 

Sections fourth and fifth of the Constitution of the State are in 
these words: 

" Sec. 5. The General Assembly shall, at its second session after 
the adoption of this Constitution, and every six years thereafter, 
cause an enumeration to be made of all the white male inhabitants 
over the age of twenty-one years. 

" Sec. 5. The number of Senators and Representatives shall, at 
the session next following each period of making such enumeration, 
be fixed by law, and apportioned among the several counties, accord- 
ing to the number of white male inhabitants above twenty-one years 
of age in each : Provided, That the first and second elections of 
members of the General Assembly, under this Constitution, shall be 
according to the apportionment last made by the General Assembly, 
before the adoption of this Constitution." 

The enumeration required, of the white male inhabitants of the 
State, over twenty-one years of age, has never been made. An 
apportionment for Legislative purposes was enacted in 1857, and 
justice as well as the constitutional provisions require that a new one 
shall be made. Under the present law, which was very imperfect in 
the beginning, great inequalities existed in the representation in the 
Legislature, and these are rapidly increasing by the increase and 
changes in our population. 

STATE treasurer's REPORT. 

The condition of the Treasury will be presented in the report of 
Mr. Brett, State Treasurer. While I have had occasion to except 
strongly to his policy in several respects referred to in his message, 
it is but just to say that in others, the administration of his Depart- 
ment has been entirely satisfactory. 

NATIONAL DIRECT TAX. 

By the 6th section of an act of Congress approved August 6th, 



31 

1861, a direct annual tax of twenty millions of dollars was levied 
upon the United States, and apportioned among the several States. 

The aportionment devolved the payment of ^904,875 33 on the 
State of Indiana. 

By the 53d section of the Act it was provided that any State might 
assume, assess and collect its portion of the tax and pay the same 
into the Treasury, and if thus paid on or before the last day of June 
of the year which it was levied, should entitle such State to a deduc- 
tion of fifteen per cent, of the gross amount to be paid by such State. 
The section further provides that notice of the intention of the State 
to assume and pay her portion of tax, without the intervention of the 
Federal officers, must be given to the Secretary of the Treasury by 
the Governor, or other proper officer, on or before the second Tues- 
day of February of each year in which the tax is to be paid. The 
section also contains this provisio : That the amount of direct tax 
apportioned to any State shall be liable to be paid or satisfied in 
whole or in part by the release of such State, duly executed to the 
United States, of any liquidated and determined claim of any such 
State, of equal amount against the Lnited States; Provided, that in 
case of such release, such State shall be allowed the same abatement 
of the amount of such tax as would be allowed in case of the pay- 
ment of the same in money. 

From the very beginning of the war, the State was compelled to ad- 
vance large sums of money to equip and supply our volunteers, and in 
fact, furnished supplies of every kind until the Fall of 1861, and it was 
believed shortly after the passage of that act, that our advances, over 
and above all reimbursements, would soon be sufficient in amount to 
set ofi* the amount of tax apportioned against the State. Accord- 
ingly I opened a correspondence with the Secretary of the Treasury 
on the subject, and ascertained from him that the advances made by 
the State on behalf of our troops would be regarded as a '• claim " 
within the spirit and meaning of the Act, and would be admitted in 
payment of the tax to an amount which should be found due on set- 
tlement. After consultation with the Auditor, Treasurer and Secre- 
tary, of State, and in conjunction with them, on the day of 

December, 1861, I filed in the office of the Secretary of the 
Treasury at Washington, a paper, officially signed, of which a copy 
is herewith transmitted, in which we assumed that the State would 
pay her portion of the direct tax without the intervention of Fed- 
eral officers, and proposing to set-off against the same a like sum 
due to the State for advances made in furnishing our troops, and 
to release the United States from further liability for the sum thus 
set-off and advanced against the tax. This paper was accepted by 
the Secretary of the Treasury, who thereupon declined to appoint 
the officers provided by the law to collect the tax within the State. 

On the of January, 1862, Mr. Lange, the Auditor of State, 

proceeded to Washington with the papers and vouchers embracing 
our claims against the Government up to the time, for the purpose of 
making settlement. He found, however, that the mode of settle- 



32 

ment with the several States had not been determined upon by the 
Treasury Department, and that the press of business in the Depart- 
ment was such as to prevent the taking up of our accounts. ^ He was 
directed to file them in the Department to be taken up for adjustment 
whenever they could be reached. It then became obvious that our 
accounts would not be settled and adjusted by the last day of June, 
1864, so as to be "liquidated and determined" within the meaning 
of the Act of Congress, as before quoted, and that after all, our set- 
off against the tax was about to fail. 

Accordingly, I brought the matter to the attention of our Con- 
gressional delegation, and asked tJhem to procure, if possible, such 
legislation as would facilitate the settlement of our accounts, and if 
that could not be done, to procure the extension of the time in which 
accounts could be filed and settlements made, so that the advantage 
of the set-ofi" need not be lost. After much trouble and delay, they 
procured the passage of an Act, which was approved on the 13th 
day of May, 1862, the concluding part of which is as follows : " Pro- 
vided, that in case of such release, such State, Territory or District 
shall be allowed the same abatement of the amount of such Tax as 
would be allowed in the case of the payment of the same in money," 
shall be construed as applying to such claims of States for reimburse- 
ment of expenses incurred by them in enrolling, subsisting, clothing, 
supplying, arming, equipping, paying and trasporting its troops 
employed in aiding to suppress the present insurrection against the 
United States, as shall be filed with the proper officers of the United 
States before the thirtieth of July next. And in such case the 
abatement of fifteen per centum shall be made on such portion of 
said tax as may be paid by the allowance of such claims, in whole or 
in part, the same as if the final settlement and liquidation thereof 
had been made before the thirtieth day of June." 

This act healed the difiiculty, and under it we filed with the proper 
officers, anterior to the 30th of July, 1862, claims against the United 
States, due to the State, more than enough to cover the amount of 
tax due from the State, after deducting the fifteen per cent, from the 
gross amount. 

By this operation, the State has saved fifteen per cent, of the orig- 
inal amount which is |135,731 30, reducing the amount from |904,- 
875 33 to $769,144 03, and the latter sum is set-ofi" and paid by our 
advances. The arrangement is mutually advantageous to the State 
and General Government. It w^ould do the Government no good to 
draw a large amount of money from the people of the State for taxes, 
while she is debtor to the State to a still larger amount, which indebt- 
edness must sometime be paid by money raised by taxation. Besides 
this, the Government was in no condition to reimburse the State in 
the full amount of her advances, and if these advances were not 
used to pay the direct tax, the tax must have been collected from the 
people of Indiana immediately, while the advances would in all prob- 
ability, remain as a suspended debt for yeaTs to come, on which the 
Government, if it followed former precedents, would pay no interest- 



33 

I respectfully recommend that the Legislature approve my action, 
and that of the State Officers, in the premises. 

Tliis subject was -laid before the Legislature at its last session, but 
no action was taken in reference to it. The settlement of our 
accounts with the Government has progressed slowly, owing to the 
imperfection of many of the vouchers, growing out of the haste with 
which the business was done, and the inexperience of the officers in 
the beginning of the war. At the request of the Department I have 
made arrangements to send an Agent to Washington to co-operate 
with the accounting officers of the Government, and anticipate but 
little trouble in bringing the settlement to a speedy and successful 
issue. 

BENEVOLENT INSTITUTIONS. 

The late Legislature adjourned without making formal appropria- 
tions for the support of the Benevolent institutions, and the Peniten- 
tiaries. Without attempting to enter into the history of the trans- 
actions of that body, or the causes which led to its disruption, it is 
enough to say that it was so constituted, and adjourned under such 
circumstances, as forbade the idea of harmonious and beneficial 
action to the State, should it be re -assembled in extra session. The 
Auditor and Treasurer promptly decided that no money could be 
drawn from the treasury for the support of these institutions, because 
of the absence of legal appropritions for that purpose. To this con- 
clusion I offered no objection, although in my own opinion, an appro- 
priation for the support of the benevolent institutions was the clear 
legal result of the constitutional provision, and the statutes, creating 
them and providing for their support ; and it is very certain that had 
the same liberal construction been adopted in regard to them, and the 
Penitentiaries, that was extended to the payment of the State Printer, 
they would all have been supported from the treasury. 

As the matter stood, the operations of all these institutions — 
unless it w^as the Southern Penitentiary — must have been suspended, 
or I must procure money outside of the Treasury, with which to 
<3arry them forward. This I determined to do, if possible. The 
honor and humanity of the State demanded that the operations of the 
Benevolent Listitutions should not again be suspended, and the peace 
and security of the State required that the convicts in the Peniten- 
tiaries should not be turned loose upon society before their time. The 
financial report will show that I was generously sustained by the 
constituted authorities of various counties, by many private persons, 
and by one railroad corporation, to all of whom I desire in the most 
public manner to return my thanks. The money thus obtained, 
added to the profits of the State Arsenal, was sufficient to support 
the Benevolent Institutions and Penitentiaries, and defray all other 
civil expenses, from the time the duty of providing for them devolved 
upon me until the first day of January, 1865, leaving a balance of 
the civil funds in my hands of §8,768 .95. 

H. J.— 3 



34 

The annual reports of the Board of Trustees of the Beneyo-lent 
Institutions are herewith laid before you, from which it will appear 
that when the high prices of all articles that enter into their consump- 
tion are considered, that they have been carried on with more econ- 
omy, and at less cost, than at any former period in their history. 
This statement, I am advised, is fully sustained by a careful examin- 
tion and comparison of the report of their expenditures from the 
time of their establishment. 

PENITENTIARIES. 

The Northern Prison, located at Michigan City, is the one with 
which I have had most to do. It has, I believe, been well and 
economically managed, for which much credit is due to its Warden, 
Thomas Wood, Esq., and to its Board of Trustees. In this connec- 
tion, I beg leave to call the attention of the Legislature to the 
remarks in my former message in reference to the construction of 
that Prison, and the debt contracted for the building of shops in 
1862. 

"At the regular session of the Legislature in 1861, the sum of 
10,000 dollars was appropriated for the purchase of materials and 
construction of the Northern Prison, located at Michigan City, for 
the year 1861, and a like sum for the year 1862. At the extra 
session in 1861, the sum of ^30,000 was appropriated for material, 
and construction of the Northern Prison, and for the support of con- 
victs, and the payment of the expenses incurred for the month of 
January, 1861. 

"At the same session a law was passed for the transfer of 200 
convicts from the Southern Prison, at Jeffersonville, to the Northern 
Prison, but no provision was made for their return in case their labor 
should not be required. At the same session an act was passed pro- 
viding that all persons sent to the Penitentiaries from counties north 
of the National Road should be confined in the Northern Prison. 
The work in the construction of the Prison was vigorously pressed 
in the summer and fall of 1861, and it was found necessary, by the 
Board of Directors, in order to keep the convict labor employed, to 
anticipate, and draw upon the appropriation made for the construc- 
tion of the Prison in 1862; so that when the work for the year 1861 
was closed up, there remained unexpended of the fund appropriated 
for the construction of the Prison in 1862, but about 3,000 dollars. It 
was apparent, then, that the labor of the convicts could not be em- 
ployed in the construction of the Prison during the year 1862, for the 
want of means with which to purchase the necessary materials. The 
iabor of the convicts could not be leased or hired out to contractors 
for the want of shops in the Prison in which they could be employed. 
To work the convicts out of the Prison and about the town, would be 
so expensive, in the employment of guards, as to make their labor 
unprofitable, besides there was no authority for doing so, except as 
connected with the construction of the Prison. . 



35 

*'As the matter stood, it was inevitable that the convict labor 
should be almost wholly unemployed throughout the year 1862, and 
must so continue until the prison shops were constructed ; when the 
labor might be hired to contractors, as in other prisons. If the shops 
were constructed in 1862, this labor could be made remunerative 
through 1863, but if not constructed until 1863, this could not hap- 
pen until 1864. It was evident that the State would sustain a great 
loss by the delay in the construction of the shops, and accordingly 
the Board of Directors convened in this city in February last, and 
myself and other State officers were invited to be present for consul- 
tation ; and after full consideration of the subject, it was believed by 
all to be clearly to the interest of the State that the work of con- 
struction of the shops should be commenced at the earliest momen.t, 
provided the contract could be let at fair prices, and the contractor, 
being fully advised of the condition of affairs, should be willing to 
await the action of the Legislature for his pay. Th^ Board of 
Directors then proceeded to advertise for proposals for the work, and 
a public letting Was had. I directed Mr. John B. Stumph, of this 
citj'', reputed to be an honest and capable builder, to be present at 
the letting, and see that the contract was properly made, and in 
accordance with the plans and specifications before that time adopted 
by the State for the construction of the shops. The contract, I have 
every reason to believe, was fairly made, upon terms, as I am 
informed, fifteen per cent, below the original contract for the same 
work, and at least twenty per cent, below what the same work could 
now be let for in cash. The shops have been completed, and Mr. Stumph 
was again directed to examine and measure the work ; his report of 
the letting, quality and measurement of the work is herewith sub- 
mitted. In view of the early completion of the shops, the Board of 
Directors were able to lease the labor of the convicts upon terms 
highly favorable to the State. This business is a proper subject for 
legislative investigation, which I hope will be promptly made, and 
that means will be speedily provided to pay the contractor the amount 
which shall be found to be honestly due." 

To what I have here said, I will only add that the shops, the con- 
struction of which I authorized in 1862, would now cost at least 
seventy-five per cent, more than the price for which they were con- 
tracted, and that without them the convict labor of the prison could 
not have been made available. Justice requires that an appropria- 
tion to pay for. them should be made without delay. 

MILITARY EXPENDITURES. 

Upon the adjournment of the Legislature, I found myself unpro- 
vided, with the exception of a small balance of the military contin- 
gent fund, with money or appropriations for military purposes. New 
regiments could not be raised under the requisitions of the Govern- 
ment, nor recruiting carried forward, without the use of large sums 
of money. The Legion had received no pay for their services from. 



36 

the beginning of the war, and the organization could not be success- 
fully continued unless payment was made, and the men reimbursed 
for their actual expenditures, for which the appropriation for the 
Legion fund, made in 1861, was inadequate. The Southern border 
was still disturbed by threats and danger of invasion, and such steps 
were to be taken, if possible, as would guarantee peace and security 
to our people. In this dilemma, I determined to npply to the Presi- 
dent for an advance under an appropriation made by Congress, on 
the 31st of July, 1861, which Act is in these words: 

" J5e it enacted hy the Senate and House of Representatives of the 
United States of America, in Congress assembled, That the sum of 
two millions of dollars be, and the same is hereby appropriated, to 
be expended, under the direction of the President of the United 
States, in supplying and defraying the expenses of transporting and 
deliverirfg such arms and munitions of war as in his judgment may 
be expedient and proper, to place in the hands of any of the loyal 
citizens residing in any of the States, of which the inhabitants are 
in rebellion against the Government of the United States, or in which 
the rebellion is, or may be threatened, and likewise for defraying 
such expenses as may be properly incurred in organizing, and sus- 
taining while so organized, any of said citizens into companies, bat- 
talions, regiments, or otherwise, for their ov/n protection against do- 
mestic violence, insurrection, invasion, or rebellion." 

After a full consideration of the condition of affairs in Indiana, 
the President advanced to me, as a disbursing o^cer, out of said ap- 
propriation, the sum of two hundred and fifty thousand dollars (250,- 
000). It will be perceived that this money was not paid to me as a 
loan to the State, or an advance to the State upon debts due to her 
from the General Government, and creates no debt against the State 
whatever, but that in theory it is an expenditure made by the Presi- 
dent through me as his disbursing agent. It has, however, been dis- 
bursed exclusively in the name and for the benefit of the State, in 
the payment of necessary military expenses, for which the State 
should have made ample appropriations. I have advanced to the 
Paymaster of the State forces, at diff*erent times, the sum of $171,- 
661 88, of which the greater portion, however, has been reimbursed 
to me by the General Government, upon my filing in the proper De- 
partment the receipted pay-rolls of the Indiana Legion, for services 
rendered in the war. For a detailed account of the expenditures of 
the military fund, the Legislature is referred to the financial report 
of Hon. W. H. H. Terrell, Financial Secretary, which is herewith 
submitted, and to the vouchers on file in this Department. All of 
these expenditures were laid before the Auditing Committee, ap- 
pointed by the late Legislature, for examination, and received their ap- 
proval. As will be shown by the report, I had on hand on the 1st 
day of January, 1865, of the military fund, the sum of $115,487 28, 
and the question is now presented as to the proper method of settle- 



37 

ment with the Government for this fund. One of two vrays may be 
• adopted. Fird, by returning to the Government the balTince of the 
fund unexpended, and by settling with it for the amount expended, 
upon vouchers of expenditures, after the same shall have been ap- 
proved by the Legislature, and this would be in accordance with the 
theory upon which the money Avas originally advanced by the Presi- 
dent. Second, by paying into the State Treasury the unexpended 
part of the fund, and treating the whole as an advance to the State, 
to be accounted for by her in her general settlement with the Gov- 
ernment for advances made. This latter plan is, in my judgment, 
more consonant with justice and the honor of the State, the money 
having been expended for purposes for which the State was honor- 
ably and patriotically bound to make provision. 

FINANCIAL STATEMENT. 

Total amount of cash received by me is .t. $1,026,821 31 

I have disbursed — 

For civil purposes, on vouchers $199,644 93 

For military purposes, on vouchers 702,420 15 

Total 902,065 08 



Leaving a balance in my hands of. $124,256 23 

Of this balance, $8,768 95 belongs to the funds received on ac- 
count of civil expenses, and §115,487 28 on account of funds re- 
ceived for military expenses. 

In conclusion, on this subject, I respectfully request that a joint 
committee of the two Houses be speedily appointed to investigate 
the civil and military expenditures I have made since the adjourn- 
ment of the last Legislature, and to examine the vouchers for the 
same on file in my Department, and that the Legislature will make 
prompt provision for the re-payment of the money I have borrowed 
for public purposes. It was advanced from patriotic motives, with a 
full reliance upon the good faith of the State for its reimbursement, 
and without it the machinery of the State Government could not 
have been kept in motion. 

I appointed the Hon. W. H. H. Terrell as Financial Secretary, 
and placed under his care and management the examination and set- 
tlement of all accounts. He deserves great credit for the ability and 
success vvith which he has conducted the business, and I desire, in 
this public manner, to express to him my thanks for his services. 
His report is herewith submitted as an accompanying document. 

INTEREST ON THE STATE DEBT. 

Shortly after the Legislature adjourned, the question was sprung 
as to the existence of legal appropriations for the payment of the 
interest upon the public debt, and the opinion of Mr. Hord, Attorney 



38 

General, was published denying their existence and any power to 
withdraw the money from the treasury to pay the interest, which 
opinion was endorsed and acted upon by Mr. Ristine, the Auditor of 
State. Believing that the question had ks origin in political consid- 
erations, and that there was little room to doubt as to the legal right 
and duty of the Treasurer to remit the money to New York to pay 
the interest, I at once took issue with these gentlemen The State 
had failed to pay the interest upon her bonds from 1841 to 1847, 
during which time she acquired a reputation for repudiation and 
bankruptcy, from which she only recovered after many years of faith- 
ful discharge of her obligations. The dark cloud which had thus been 
placed upon her financial character had seriously retarded her growth 
in wealth and population, by deterring emigration from her borders. 
In 1846 she effected a compromise with most of her creditors by the 
transfer of the Wabash and Erie Canal for one-half of their debt, and 
the issuing of new stocfc for the other half, upon which she solemnly 
pledged herself to pay the interest semi-annually. This pledge, and 
the legislation had in pursuance of the compromise, was treated by 
Governor Whitcomb and the various officers of State, as a valid ap- 
propriation of the money necessary to pay the interest under the old 
Constitution, which, upon this subject, is like the present. In 1850, 
the framers of the new CoTistitution, by the 20th section of the 10th 
article, solemnly ratified this contract with the bondholders, by appro- 
priating all the revenue of the State, derived from taxation for general 
State purposes, after defraying the ordinary expenses of the State 
Government, to the payment of the interest and the liquidation of the 
principal of the public debt. It was clearly the purpose of the new 
Constitution to place the credit of the State beyond the contingency 
of dishonor by acts of omission or prohibition on the part of the Le^ - 
islature. Under the new Constitution, further legislation to pay the 
interest was not deemed necessary, and this construction was acted 
upon by all administrations down to 1863 ; although perhaps in one 
case a formal appropriation was made, without any definite purpose. 
An action for a mandamus against the Auditor, was commenced by 
Mr. W. H. Talbott, President of the Sinking Fund Board, for the 
avowed purpose of having the question settled, which was carried 
through the Circuit and Supreme Courts, and resulted in a decision by 
the latter against the existence of an appropriation. "Without intend- 
ing any disrespect to the eminent tribunal by which this case Avas 
decided, I must be permitted to observe that the history of its origin, 
progress and conclusion, was such as to deprive it of any moral influ- 
ence, and that the principles upon which the decision was made have 
been since openly disregarded by the Auditor and Treasurer of State, 
in the payment of large sums of money to the Public Printer. 

But leaving out of view wholly who was right or wrong upon the 
legal question, it was a matter of the first importance that the obliga- 
tions of the State should be promptly met, and her credit rescue 
from the disaster of a new dishonor. It had received a shock in thd 
discovery and exposure of the Stover forgery of our State stockse 



a 



39 

amountino" to nearly three millions of dollars, from the evil conse- 
quences of which it was relieved only by a determined effort on the 
part of the State authorities to bring the criminals to justice. No 
argument was required to prove that should it again become impaired 
by a serious failure upon the part of the State to meet her engage- 
ments, it could not be restored during this generation, and the pro- 
gress of the State in wealth and population would receive a serious 
check. Determined, if possible, to avert the threatened calamity, I 
went to New York and laid the whole matter before the House of 
Messrs. Winslow, Lanier & Co., with the request that they should 
advance the amount necessary to pay the interest until such time as 
the Treasury might be unlocked, and the money obtained therefrom. 
My request was generously met, and after full consideration, acceded 
to, provided a correct list of the stockholders could be obtained. It 
is proper to state, that in making this arrangement, no stipulation 
was asked for or given, in regard to the compensation they should 
receive for the use of their money, and the risk and trouble they 
should incur ; but the whole matter was referred to the future action 
and good faith of the State. They at once notified John C. Walker, 
A<Tent of State, of their readiness to pay the interest, and asked him 
to furnish from his books a list of the stockholders, for the making 
out of which they offered to pay. This he peremptorily refused, and 
denied access to his books, from which they desired to copy the list. 
They then proposed to him that he should pay the interest in the 
usual way, upon his own. books, agreeing to honor his checks issued 
therefor, at the same time exonerating him from all personal liability 
for any moneys so paid. This offer was likewise refused. The cor- 
respondence between Winslow, Lanier & Co. and Walker, upon this 
subject, is herewith submitted for your consideration. As Messrs. 
Winslow, Lanier & Co. would not take the responsibihty of paying, 
in the absence of a correct list, owing to the existence of a large 
amount of spurious stocks, which otherwise they had no means of 
detecting, the interest which fell due on the first day of July, 1863, 
went unpaid. 

Determined not to be defeated, if possible, in the effort to preserve 
the credit of the State, I attempted to secure from other sources a 
correct list of the stockholders, and in this attempt succeeded in 
November. In the mean time the necessity for action had become 
more manifest and imperative than before. While the American 
stockholders had a correct knowledge of the state of affairs, and but 
few stocks were changing hands or being offered in the market, the 
case was quite different with our stockholders in Europe. In Europe, 
American poUtics are always badly understood, and the principal fact 
which they clearly comprehended was that they did not receive their 
interest. They associated this failure with that of 1841, and began 
to say that there was some strange fatality attending Indiana secu- 
rities, and declared their intention of sending them back to America 
and getting clear of them at once and forever. Such a measure 
would have given the State a bad name abroad, seriously affecting 



40 

emigration to her borders, and -would have been followed by great 
depreciation and loss erf' credit throughout the United States. 

Having presented the list to Messr!-. Winslow, Lanier & Co , they 
promptly renewed their offer, and gave public notice that they would 
pay the bank interest which fell due in July, and afterward gave 
further notice that they would pay the interest accrued on the first 
day of January, 1864, the first day of July, 1864, and the first day 
of January, 1865, and up to the 31st of November last, as I am 
advised, had paid out §416,677 08. How much they have paid since 
the 1st of January, 1865, I am not advised, but presume it will make 
the aggregate as much as §575,000. The noble and generous con- 
duct of this house should and will be appreciated by the people of 
Indiana, and Mr. Lanier, in his clear comprehension and able man- 
agement of the affair has displayed not only financial ability, but a 
broad statesmenship not often exhibited in financial affairs. 

I trust that the generous confidence which he has reposed in the 
good faith of the people of Indiana, will not be disappointed, a,nd 
that the Legislature will hasten to reimburse him for the money he' 
has expended, and indemnify him for the use of it, and for the trouble 
he has incurred. 

In conclusion, upon this subject, I am glad to be able to say that 
the credit of the State has been fully preserved, and that her stocks 
now command a higher price relatively in the market, when compared 
with the stocks of othor States bearing like interest, than at any 
former period in her history. 

John K. Gapin, Esq., who was Clerk in the office of the State 
Agent, during the incumbency qf Colonel R. N. Hudson, was appointed 
by me to prepare the books and make the payment of the interest on 
the State debt, as the banking house of Messrs. "VVinslow, Lanier &• 
Co., and under their general direction and supervision. He has per- 
formed that duty with ability, and to the satisfaction of all parties^ 
and thus far without compensation. I recommend that provision be 
made to pay him liberally for his valuable services. 

STATE DEBT AND SINKING FUND. 

The subject of the State debt and Sinking Fund will be reserved 
for a special communication to the Legislature at another time. 

EXECUTIVE DEPARTMEET. 

The labors in the Executive Department have been greatly increased 
by the war, and by the peculiar condition of the State Government 
for the last two years. The force which I have employed is small 
compared with the amount of work which has been done. Much 
responsibility has been devolved upon the Financial and Military 
Secretaries, and their labors have been most arduous. Colonel Wni. 
H. Shlater has performed the duties of Military Secretary for more than 
three years with marked ability and fidelity, and to the satisfaction of 



41 

myself and the army. Captain Geo. H. West and Captain John M. 
Commons have performed with efficiency and* to my entire satisfac- 
tion the labors appertaining to their desks. Col. John C. New, an 
able and efficient officer, has succeeded to the place held by Colonel 
Terrell, who has been appointed Adjutant General, which office had 
been most ably filled by General Laz. Noble. 

ELECTIONS AND CONSPIRACIES. 

While engaged in a civil war of gigantic proportions, a Presiden- 
tial election has quietly taken place, and the results have been peace- 
ably and readily acquiesced in, and the bitterness and personal ani- 
mo^^ities which are usually engendered in such a contest, have passed 
away as speedily and perfectly as at any former period in our history. 
The ability of the people to come together under such circumstances, 
and peaceably elect a chief magistrate, has been regarded alike by 
the friends and enemies of republican institutions as the great test of 
their capacity for self-government, and accordingly we find that the 
result of the late elections has made a profound impression through- 
out the old world, and has given renewed assurance of the perpetuity 
of our Government. 

I congratulate you on the returning harmony of the people of our 
State, and that the dangers which threatened us with internal dissen- 
sions have apparently passed away. Some misguided persons who 
mistook the bitterness of party for patriotism, and ceased to feel the 
obligations of allegiance to our country and Government, conspired 
against the State and National Governments, and sought by military 
force to plunge us into the horrors of revolution. A secret organi- 
zation had been formed, which, by its lectures and rituals inculcated 
doctrines subversive of the Government, and whicti, carried to their 
consequences, would evidently result in the disruption and destruc- 
tion of the nation. The members of the organization were united by 
oaths, which, if observed, bound them to execute the orders of their 
Grand Commanders, without delay or question, however treasonable 
or criminal might be their character. I am glad to believe that the 
great majority of its members regarded it merely as a political 
machine, and did not suspect the ulterior treasonable action contem- 
plated by its leaders, and upon the discovery of its true character, 
hastened to abjure all connection with it. Some of the chief con- 
spirators have been arrested and tried by the Government, and others 
have fled ; their schemes have been exposed and baffled, and we may 
reasonably hope that our State may never again be endangered and 
dishonored by the renewal of these insane and criminal designs. 

THE WAR. 

We are in the midst of a bloody civil war, forced upon the Gov- 
ernment by the rebellious inhabitants of certain States. The theory 
upon which this war was begun was th« pretended right of a State 



42 

to withdraw from tlie Union whenever its rights under the Constitu- 
tion of the United States were violated, of which violation it had the 
exclusive power to judge and determine. This claim was founded 
upon the dogma that the Union was a compact of sovereign and inde- 
pendent States, to which they were parties in their municipal char- 
acter; that the United States were not a nation, but an aggregation 
of nationalities united in a co-partnership for certain purposes, and 
upon certain conditions, which were contained in the articles of co- 
partnership known as the Federal Constitution. The exercise of the 
right of secession, or withdrawal from the Union, was justified by 
the allegation that the people of the Northern States had violated 
their constitutional obligations by refusing to capture or permit to be 
captured in their midst, fugitive slaves escaping from their masters, 
and by various other acts of hostility to the institution of slavery.; 
and by the further declaration that there -was good reason to believe 
that the Grovernment of the United States, under the administration 
of Mr. Lincoln, would perform acts of violence subversive of the 
prosperity and even the existence of slavery. To have conceded the 
right claimed, and permitted any number of States peaceably to 
withdraw from the Union, would have involved not only the desti'uc- 
tion of the Government, but the absolute dissolution of the nation, 
breaking it into as many fragments as there are States, each claiming 
sovereignty and independence as to all the others. When the w^ar 
was begun, therefore, there was but one of two things for the Gov- 
ernment to do, either to suppress the rebellion and assert its integrity 
as a nation, or to abdicate its authority and confess itself without 
right to enforce its decrees and perpetuate its existence, by conced- 
ing the w^ant of national unity and the right of secession. It must 
be admitted that between these two there Avas no middle ground, and 
the Government was at once forced to a choice between national life and 
national death, the life only to be preserved by the total suppression 
of the rebellion that menaced it. Between these contending theories 
there could, in the nature of the case, be no compromise, as they 
weve utterly antagonistic and irreconcilable. The rebellion was be- 
gun upon an alleged right upon which it must stand or fall, and was 
resisted by the Government upon the ground that its own. life could 
not be preserved, if the existence of this right were in any manner 
or to any extent conceded. 

It is hardly worth while to consider what would be our condition 
if this rebellion Avere successful. The most thoughtless or stupid 
mind cannot fail to perceive that the several States, fragments of a 
once powerful and happy republic, could not live together in pros- 
perity and peace ; but that war following upon war, anarchy and the 
destruction of personal liberty, w^ould inevitably -result, to be suc- 
ceeded by the night of despotism, burying in utter darkness the fair 
hopes and glorious prospects which once illuminated our national hor- 
izon. Whatever it may cost us to preserve the Union, we may be 
assured it will cost us everything to lose it. A refusal to prosecute 
the war because it is expensive, would not be unlike the case of a man 



43 

who should resolve to die because the employment of a pliysician 
\YOuld embarrass his financial alTairs. Nor would it be less absurd to 
refuse to sustain the Government and prosecute the Avar u|)on the 
pretence that by so doing constitutional rights and personal liberty 
would be endangered, when we know perfectly well that if the j-ebel- 
lion succeeds, civil and religious liberty and constitutional riglits, of 
whatever kind, will be overwhelm' d in one common ruin. 

Let us hope that human slavery, wdiich has ever been the source 
of national dissensions and heart burnings; which from the beginning 
has arrayed our people into classes, and fretted them into mutual 
hatreds, and for the preservation and prosperity of which it has been 
solemnly avowed that this mighty 'war and most bloody rebellion were 
begun and are prosecuted, has received its mortal wound, and will 
soon be consigned to the common grave of loathsome tyrannies, from 
which there is no resurrection. Should the Congress of the United 
States pass a joint resolution to prohibit slavery, or involuntary ser- 
vitude, throughout the United States, I do most earnestly hope that 
the people of the. several States will hasten to give it their solemn 
sanction, so that it may pass into our fundamental law, and go out to 
all the world that our country is in fact, as in name, "the land of the 
free," as well as '' the home of the brave." 

0. P. MORTON, 
Executive Department, 
Indianapolis, Indiana, Jan. 6, '1865. 

The Senate then retired to their chamber. 

Mr. Branham moved to adjourn till 9 o'clock to-morrow morning. 
Which was agreed to. 



SATURDAY MORNING, 9 o'clock, 
January 7th, 1865. 
House met. 

Journal read and approved. 

Mr. Branham introduced the following resolution : 

Resolved, That the Senate be invited to attend in this Hall on 
Monday, the 9th of January, at 3 o'clock, P. M., for the purpose of 
opening and publishing the returns of the election for Governor and 
Lieutenant Governor. ^ 



44 

Mr. Ne^vcoiiib moved to strike out 3 o'clock and insert 2 o'clock. 

The resolution, as amended, then passed. 

Elijah M. Spencer, a member from the county of Posey, came for- 
ward, presented his credentials, and was sworn into office by the 
Speaker, and took his seat. 

Mr. Whiteside onered the following resolution : 

Be it resolved hy the House of liepresentatives. That soldiers of the 
Revolution, of the war of 1812, of the war with Mexico, and of the 
war for the suppression of the Southern Rebellion, be invited to take 
seats inside the bar of the House whenever they shall be present 
durins: the sittin":; of this Lemslature. 

o o o 

I 

Mr. Brown moved to lay the resolution on the table.. • 

Motion withdrawn, and Mr. Dunham moved to amend by inserting 
^' outside the bar." 

Which was agreed to. 

The question then being on the resolution as amended, 

The resolution was not adopted. ' ' 

Mr. Meredith introduced 



Joint Resolution No. 1. A joint resolution proposing an amend- 
ment to the Constitution by striking out the loth article thereof: 

Be it resolved hy the General Assembly of the State of Indiana^ 
That the following amendment be proposed to the Constitution of the 
State and submitted to. the electors for their adoption or rejection ; 
Provided^ The same is agreed to by a majority of all the m.embers 
elected to each House of the General Assembly, chosen at the next 
general election, to-wit: 

That Article xrii of the Constitution, which reads as follows : 

Sec. 1. "No negro or mulatto shall come into or settle in the State 
after the adoption of this Constitution. 

" Sec. 2. All contracts made with any negro or mulatto coming 
into the State contrary to the provisions of the foregoing section, 
shall be void; and any person who shall employ such negro or mulatto, 
or otherwise encourage him to remain in the State, shall be fined in 
any sum not less than ten dollars or more than five hundred dollars. 

Sec. 3. " All fines which may be collected for a violation of the pro- 
visions of this article, or of any law which may hereafter be passed for 



45 

the purpose of carrying the same into execution, shall be set apart and 
appropriated for the colonization of such negroes and mulattoes, and 
» their descendants, as may be in the State at the adoption of this Con- 
stitution, and may be willing to emigrate 

" Sec. 4. The General Assembly shall pass laws to carry out the 
provisions of this Article:" 

Be stricken therefrom. 

"Which was read the first time and passed to the second reading. 

On motion of Mr. Coffroth, it was 

Resolved^ "That the Comaiittee on Corpar^.tions he instructed to 
inquire into the expediency of enacting a passenger and freight tariff 
for the Railroad Companies of the State. 

Mr. Buskirk moved to take from the table the Report of the Select 
Committee on Rules. 
Which v.as agreed to. 

On motion, ' 

The Report was concurred in. 

Mr. Gregory asked and obtained leave to introduce 

. House Bill No. 1. An act to increase the salary of the Governor 
. of the State of Indiana, and to repeal the first clause of the first sec- 
tion of an act relating to public officers, and providing the manner of 
paying the same, and the manner of reimbursing the State for the 
increase of salaries, approved March 5, A. D., 1859. 

Which was reacTthe first time, and passed to a second reading. 

^Ir. Sullivan, a member from the County of Posey, came forward, 
presented his credentials, was sworn by the Speaker, and took his 
seat. 

Mr. Gregory moved to suspend the rules and read House Bill 
No. 1 a second time. 

Mr. Dunham and Mr. Brown demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burns, Bus- 
kirk, Chambers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, 
Goodman, Gregory, of Montgomery, Gregory, of Warren, Griffith, 
Groves, Henricks, Hershey, Higgins, Hogate, Hoover, James, John- 



46 

son, Kilgore, Lockhart, Major, Mercditli, Miller, of Tippecanoe, 
Montgomery, McVey Olleman, Prather, Puett, Heese, Rhoads, Rice, 
Ptiford, Sabin, Shuey, Sim, Steward, Stiver, Stringer, Sullivan of 
Posey and Vanderburgh, Trusler, Upson, Welch, Whiteside, Willis, 
Woodruff, Wright, Zeiglcr and Mr. Speaker — 58. 

Those "wlio voted in the negative were, 

Messrs. Abbett, Beckett, Bird, Brov^-n, Burton, Burwell, Coffroth, 
Collins, Colover, Croan, Dunham, Glazebrook, Gregg, Hargrove, 
Harrison, Howard, Humphreys, Hunt, Lasselle, Lemon, Lopp, Miller 
of Clinton, Milroy, Newcomb, Osborn, Patterson, Perigo, Richards, 
Richardson, Roach, Shoaf of Allen, Shoaf of Jay, Spencer, Stenger, 
Stuckey, Sullivan of Scott, Thatcher, Yeach and White — 39. 

Mr. Ncwcomb moved to reconsider the vote just given. 

Mr. Dunham moved to lay the motion of Mr. Newcomb on the 
table. 

Messrs. Dunham and Shoaif demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Coffroth, 
Collins, Colover, Croan, Dunham, Glazebrook, Gregg, Hargrove, Har- 
rison, Howard, Humphreys, Hunt, Lasselle, Lemon, Lopp, Miller of 
Clinton, Milroy, Osborn, Patterson, Perigo, Richards, Richardson, 
Roach, Shoaff of Allen, Shoaff of Jay, Spencer, Stenger, Stuckey, 
Sullivan of Scott, Thatcher, White— 37. 

Those who voted in the negative were, 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burns, Buskirk, 
Chambers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Good- 
man, Gregory of Montgomery, Gregory of Warren, Griffith, Groves, 
Henricks,Herf-hcy, Higgins, Hogate, Hoover, James, Johnson, Kilgore, 
Lockhart, Major, INIeredith, Miller of Tippecanoe, Montgomery, 
McVey, Newcomb, Olleman, Prather, Puett, Reese, Rhoads, Rice, 
Riford, Sabine, Shuey, Sim, Steward, Stiver, Stringer, Sullivan of Posey 
and Yanderburg, Trusler, Upson, Yeach, Welch, Whiteside, Willis, 
Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 60. 

The question recurring on the motion to reconsider. 

Mr. Coffroth moved to adjourn till 2 o'clock. 
Which motion was lost. 

Question again recurring on the motion to re-consider. 
It was agreed to. 



47 

The question recurring on the motion of Mr. Gregory to suspend 
the rules. 

Pending which, 

The House adjourned till 2 o'clock P. M. 



/ . 2 o'clock, P, M, 

House met. 

The Speaker being absent, 

Mr. Buskirk moved that Mr. Newcomb be called to the Chair. 

Which was agreed to. 

Mr. Newcomb in the Chair. 

Question pending being on the motion of Mr. Gregory of Warren, 
to suspend the rules and read House bill No. 1 a second time. 

Mr. Gregory withdrew the motion. 

Mr. Miller of Tippecanoe renewed the motion. 

Those wdio voted in the affirmative were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Burns, Chambers, 
Church, Cook, Cox, Crook, Emerson, Farris, Foulke, Goodman, Gre- 
gory of Montgomery, Gregory of Warren, Griffith, Groves, Hen- 
ricks, Hershey, Higgins, Ilogate, James, Johnson, Kilgore, Lock- 
hart, Major, Meredith, Miller of Tippecanoe, Montgomery, McVey, 
Newcomb, Olleman, Prather, Puett, Reese, Rhoads, Rice, Riford, 
Sabine, Shuey, Sim, Steward, Stiver, Stringer, Sullivan of Posey and 
Vanderburg, Trusler, Upson, Welch, Whiteside, Willis, Woodruff, 
Woods, Wright, Zeigler — 55. 

Those who voted in the negative were, 

Messrs. Beckett, Bird, Brown, Burton, Burwell, Buskirk, Collins, 
Croan, Dunham, Glazebrook, Gregg, Hargrove, Howard, Harrison, 
Humphreys, Hunt, Lasselle, Lemon, Lopp, Miller of Clinton, Mil- 
roy, Osborn, Patterson, Perigo, Richards, Richardson, Roach, Shoaft' 
of Allen, Shoaff of Jay, Spencer, Stenger, Stuckey, Sullivan of Scott, 
Thatcher, Veach, and White— 37. 



48 

Mr. Kilgore moved th:it when the House adjourii; it adjourn until 
2 o'clock P. ]M. on Monday. 
"Which was agreed to. 

Mr. Howard asked and obtained leave of absence till Thursday 
next. 

On motion, 
Adjourned. 



MONDAY AFTERNOON, 2 o'clock, 1 
January 9, 1865. J 
The House met. 

The Journal was read and approved. 

Mr. Newcomb offered the following resolution : ' 

Mesolved^ That the Senate be invited to meet in the hall of the 
House, instanter, to witness the counting, of the votes for Governor 
and Lieutenant Governor, and that seats be provided for them on the 
right of the Speaker's chair. 

Which, 

On m.otion, 

Was adopted. 

Mr. Stringer asked leave of absence for Mr. Gregory of Warren, 
until to-morrow 2 o'clock, P. M. 
Leave was granted. 

The Senate then, in pursuance of the invitation of the House, came 
into the Hall of the House preceded by the President of the Senate, 

AVhen the joint session was called to order by the President of the 
Senate. 

The President then said, 

Gentlemen: — We have assembled in joint convention, under the 
provisions of Section 4, Article Y., of the Constitution of the State 
of Indiana, which reads as follows : 

" Sec. 4. In voting for Governor and Lieutenant Governor, the 
Electors shall designate for whom they vote as Governor and for 



49 

whom they vote as Lieutenant Governor. The returns of every 
election for Governor and Lieutenant Governor shall be sealed up . 
and transmitted to the seat of government, directed to the Speaker 
of the House of Representatives, who shall open and publish them 
in the presence of both houses of the General Assembly." 

The Speaker of the House of Representatives will now proceed to 
open and publish the returns for the election of Governor and Lieu- 
tenant Governor of the State of Indiana, 

i 

The Speaker of the House of Representatives then, in presence 
of both houses of the General Assembly, proceeded to open the 
returns of the votes cast for Governor and Lieutenant Governor of 
the State of Indiana, on the 11th day of October, 1864, and, on 
counting all the votes returned, it appeared therefrom that for the 
office of Governor 

Oliver P. Morton had received 152,084 votes, 
Joseph E. McDonald had received 131,201 votes. 

Oliver P. Morton, having received a majority of all the votes cast, 
was, by the President of the Senate, in the presence of both houses 
of the General Assembly of the State of Indiana, declared duly 
elected Governor of the State of Indiana, to serve as such for the 
term of four years, from and after the second Monday in January, 
A. D. 1865. 

For the office of Lieutenant Governor, it appeared, from the returns 
aforesaid 

Conrad Baker had received 147,795 votes, 
Mahlon D. Manson had received 131,656 votes. 

Conrad Baker, having received a majority of all the votes cast, 
was, by the Speaker of the House of Representatives, in the presence 
of both houses of the General Assembly, declared duly elected 
Lieutenant Governor of the State of Indiana, for the term of four 
years, from and after the second Monday of January, A. D. 1865. 

Conrad Baker was then sworn into office by the Hon, R. C. Greg- 
ory, one of the Judges of the Supreme Court. 

On motion of Mr. Busklrk, 

Resolved, That a committee of five — three upon the part of the 
House and two upon the part of the Senate — be appointed to wait 
upon his Excellency, Oliver P. Morton, Governor elect of the State 
of Indiana, and upon Conrad Baker, Lieutenant Governor elect, and 
inform them of their election to said offices respectively. 

H. J.-4. 



50 

The President of the Senate then appointed Messrs. Beeson and 
Williams on the part of the Senate, and Messrs. Buskirk, Newcomb 
and Kilore on the part of the House as said committee. 

Gov. Oliver P. Morton appeared in the Hall of the House of Rep- 
resentatives, and, being sworn into office by Hon. R. C. Gregory, one 
of the Judges of the Supreme Court, delivered the following inau- 
gural address: 

Gentlemen of the Senate and House of Representatives : 

In entering upon the duties of another term it is not improper to 
express the gratitude I feel for the generous confidence manifested 
toward me by the people at the late State election. They have 
dealt kindly with such official errors as I may have committed, and 
have given me full credit for an earnest desire to faithfully perform 
my duties toward the State and Nation. The circumstances by 
which we are surrounded have converted the Executive position from 
one of comparative ease and leisure to one of great labor and 
responsibility, and the return of peace will not bring back to it the 
rest and freedom from care enjoyed by its incumbents in other times. 

The history of the last four years is fraught with immense inter- 
est to us and to the world. A civil war burst upon the country, del- 
uging it with blood, costing many thousands of precious lives, squan- 
dering almost incalculable treasure, and bringing in its train such 
sufferings and horrors as the human mind can scarce comprehend. 
The crime of this dreadful conflict does not rest with us, nor with 
the Government of the United States ; but attaches itself wholly to 
the mad ambition and criminal hopes of Southern politicians and 
leaders, who were animated by the evil spirit of slavery, and the 
insane pride and self-confidence of an insolent aristocracy. 

Our State, an integral part of one mighty people, has stood fast by 
her allegiance, and has sealed with her best blood her devotion to the 
national unity. But while we are called to shed bitter tears over the 
graves of many of our fellow-citizens who have died that their country 
might live, we have still many causes for thankfulness and rejoicing. 
Good health has generally prevailed within our limits, labor has met 
a liberal reward, bounteous harvests have repaid the farmer s toil^ 
manufacturers have increased and prospered, and commerce has 
brought to us its richest returns. Being thus blessed with an abund- 
ance of all the necessaries and even luxuries of life, we are enabled 
to discharge in part the sacred obligations we owe the defenders of 
our country, by providing for their families and dependent ones, plac- 
ing them beyond the reach of want, and surrounding them with the 
comforts of life, thus testifying the gratitude of an earnest and intel- 
ligent people. And while we have mourning at many hearthstones, 
and the dark cloud of war rests upon the southern horizon, Indiana 
has signs of prosperity and power she never knew before. 

The patriotism and courage of her people have placed her in the 



51 

very front rank, and command the respect of the world their fidel- 
ity to obligations of whatever kind is recognized at home and abroad : 
their military, political and commercial importance is more conspic- 
uous than ever before, and, by consequence, the current of emigra- 
tion and wealth is setting towards us with a rapidly increasing 
volume. There is ample evidence for the statement that Indiana is 
increasing in population more rapidly than at any previous period in 
her hibtory. From every part of the State comes the intelligence 
that our towns are rapidly filling up, new lands being brought into 
cultivation, and new enterprises of manufactures and commerce set 
on foot. It is indeed a strange anomaly, and one which no human 
foresight could have perceived, that in the midst of a desolating civil 
war, our State should have unusual prospects spread out before her, 
of prosperity and power. Let us endeavor by wise and fostering 
legislation, to realize them all, and consolidate them into a healthy 
and permanent growth. 

Trusting that your deliberations will be conducted with harmony, 
and your conclusions dictated by wisdom, I beg leave to assure you that 
I shall gladly co-operate with you in all measures of legislation cal- 
culated to promote the interests of the State, or to aid the General 
Government in suppressing the rebellion and preserving the unity of 
the nation ; and that I shall bring to the performance of my duties an 
earnest purpose to execute the laws, protect the rights of all, and 
maintain inviolate the honor of the State. 

The President of the Joint Session then declared said Convention 
adjourned. 

The Senators then retired to their chamber. 

House was called to order, and. 
On motion of Mr. Brown, 

Adjourned until 9 o'clock to-morrow morning. 



O'J 



TUESDAY MORNING, 9 o'rlook, 1 
January 10th, 1865. j 

The House met. 

The journal was read and approved. 

The Speaker laid before the House the following report from the 
Superintendent of the Insane Asylum : 

Hon Jno. U. Pettit, 

X 

Speaker of the House of Representatives : 

Sir : — Herewith I submit the Sixteenth Annual Report of the 
" Indiana Hospital for the Insane," and request that the same be 
brought before the House at the earliest practicable opportunity. 

Very respectfully, 

J. H. WOODBURY, Superintendent. 

Mr. Brown moved to refer to Committee on Scientific and Benevo- 
lent Institutions, 

Which was agreed to. 

John O'Brien, a representative from the county of Martin, appear- 
ed, presented his credentials, was sworn into office by the Speaker, 
and took his seat. 

Mr. Miller, from the select Committee on Stationery, made the fol- 
lowing report : 

Me. Speaker: 

The Special Committee to whom was referred the various Resolu- 
tions of the House, in reference to furnishing of newspapers, postage 
stamps, stationery. Statutes and Cushing's Manual, for the members 
and use of the House, have had the same under consideration, and 
direct me to submit the following report : 

That there be appointed by the House a competent Clerk, who 
shall take charge of the stationery room, and purchase from time to 
time, such articles of stationery and postage stamps, and in such 
quantities as the Speaker may by his order direct ; and it shall be 
the duty of said Clerk, on the written order of any member, or elec- 



53 

live officer of the House, to procure and place on the desk of the 
member or officer, such newspapers as they may order; and it shall 
be the further duty of said Clerk, to open an account between the 
Stationery Room and the members and elective officers, and charge 
each member and elective officer with all the newspapers and sta- 
tionery that they may get. Provided, That no member or elective 
officer be allowed to draw from said stationery room a sum to exceed 
eighty dollars in value ; and it shall be the further duty of said Clerk, 
at least one day before the adjournment of the House, to make out 
and file with the Speaker the amount drawn from said stationery 
room by each member and elective officer, charging therewith cost 
price, and if the sum drawn by the member or elective officer shall be 
less in value than eighty dollars, then said member or elective officer 
shall be entitled to draw in money a sum sufficient to make it eighty 
dollars, except the Speaker, who shall be entitled to draw from said 
stationery room or money, the sum of one hundred and fifty dollars. 
And we further recommend, that the Librarian be directed to pro- 
cure fifteen copies of Gavin and Herd's Revised Statutes for the use 
of the House, and two for the use of the committee, and one copy of 
Cushing's Manual for the use of the Speaker, which are to be returned 
to the Librarian at the close of the session, for which he shall give a 
receipt to the Speaker, and be responsible for them whenever called 
for by the House of Representatives. That it shall be the duty of 
the Speaker to order from said Clerk, from time to time, such sta- 
tionery as may be needed for the use of the House, and that the 
Chairman of the Committees, on a vote of the Committees, draw from 
time to time from said Clerk, such stationery as they may need for 
the use of the Committee, said Clerk keeping an account with the 
Speaker and Chairman of Committees, for the stationery drawn by 
them for this purpose. 

Mr. Brown offered the following amendment : 

To strike out all of the report that refers to members being allowed 
the sum of eighty dollars for stationery and postage stamps. 
Which was lost. 

The question being on concurring in the report of the Committee, 

Mr. Puett moved to strike out Clerk and insert Librarian, wherever 
the same occurs in the Report. 
Which was withdrawn. 

Mr. Rice offered the following amendment : 

To strike out the words fifteen copies of the present Statutes, and 
insert a copy of the Statutes for each member, which they shall not 
be required to return. 

Which was agreed to. / . . 



54 

Mr. Wright offered the following amendment : 

To amend by striking out the word eighty, wherever it occurs in 
the bill, and insert one hundred. 
Adopted. 

The question being on the amendment of Mr. Rice, 
Mr. Brown moved to lay the amendment on the table. 

The ayes and noes being demanded by Messrs. Brown and Abbett, 

Those who voted in the affirmative were, 

Messrs. Abbett, Banta, Beckett, Bird, Brown, Colover, Croan, 
Crook, Glazebrook, Gregg, Gregory of Montgomery, Hargrove, Hen- 
ricks, Hogate, Hoover, Hunt, Johnson, Lemon, Lopp, Montgomery, 
McVey, Newcomb, O'Brien, Patterson, Perigo, Richards, Richardson, 
Shoaff of Allen, Shoaff of Jay, Stenger, Stringer, Stuckey, Thatcher, 
Veach, Welch, White, Whiteside, Woods— 37. 

Those who voted in the negative were, 

Messrs. Bonner, Boyd, Branham, Burnes, Burton, Burwell, Bus 
kirk. Chambers, Church, Coffroth, Collins, Cook, Cox, Emerson, Fer- 
ris, Foulke, Goodman, Gregory of Warren, Griffith, Groves, Harrison, 
Hershey, Higgins, Humphreys, James, Kilgore, Lasselle, Lockhart, 
Major, Meredith, Miller of Clinton, Miller of Tippecanoe, Milroy, 
Olleman, Osborn, Prather, Puett, Reese, Rhoads, Rice, Riford, Roach, 
Sabin, Shuey, Sim, Spencer, Steward, Stiver, Sullivan of Posey and 
Vanderburg, Trusler, Upson, Willis, Woodruff, Wright, Zeigler, Mr. 
Speaker — 56. 

So the motion t^ lay on the table was lost. 

The question being on the amendment of Mr. Rice, 
Which was agreed to. 

The question then being on report of Committee as amended, 

Mr. Brown offered the following amendment : 

To strike out all relating to newspapers, stamps and stationery. 

Mr. Humphreys moved to lay the amendment on the table. 

The ayes and noes being demanded by Messrs. Brown and Beckett, 

Those who voted in the affirmative were, 

Messrs. Atkinson, Banta, Bird, Bonner, Boyd, Branham, Burnes 
Burton, Burwell, Chambers, Church, Coffroth, Collins, Cook, Cox 



56 

Crook, Emerson, Ferris, Goodman, Gregory, of Warren, Griflfith, 
Groves, Hargrove, Harrison, Henricks, Hershey, Higgins, Hogate, 
Hoover, Humphreys, James, Johnson, Kilgore, Lockhart, Major, Mer- 
edith, Miller of Clinton, Miller of Tippecanoe, Milrpy, McVey, New- 
comb, Olleman, Osborn, Prather, Puett, Reese, Rice, Riford, Sabin, 
Shoaff, Sbuey, Sim, Spencer, Steward, Stiver, Stringer, Sullivan of 
Posey and Vanderburg, Trusler, Upson, Veach, Welch, White, Willis, 
Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 70. 

Those who voted in the negative were. 

Messrs. Abbett, Beckett, Brown, Colover, Croan, Foulke, Glaze- 
brook. Gregg, Hunt, Lasselle, Lemon, Lopp, Montgomery, O'Brien, 
Perigo, Richards, Richardson, Shoaf of Allen, Stenger, Stuckey, 
Thatcher, and Whiteside — 22. 

So the motion was laid on the table. 

Mr. Higgins moved to strike out the 10 copies for Committee. 
Which was agreed to, 

Mr. Burton offered the following amendment : 
Each member shall be supplied with three copies each of the Sen- 
tinel and Journal — two of each folded and stamped. 

Mr. Buskirk offered the following Amendment : 
To amend the report by striking out newspapers. 
Mr. Miller of Tippecanoe, moved to lay the amendment on the 
table. 

The ayes and noes being demanded by Messrs. Abbett and Bus- 
kirk. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Beckett, Bird, Bonner, Branham, Burnes, Col- 
lins, CoK^k, Cox, Crook, Ferris, Foulke, Goodman, Gregg, Gregory 
of Montgomery, Groves, Hargrove, Henricks, Hershey, Higgins, 
Hogate, Hoover, James, Johnson, Lasselle, Major, Miller of Tippe- 
canoe, Meredith, McVey, Newcomb, Olleman, Perigo, Rhodes, Rice, 
Riford, Sabin, Shoaf of Allen, Shoaf of Jay, Shuey, Stewart, Stiver, 
Stringer, Stuckey, Upson, Veach, Welch, Wright, Zeigler and Mr 
Speaker — 52. 

Those who voted in the negative were. 

Messrs. Abbett, Banta, Boyd, Brown, Burton, Burwell, Buskirk, 
Chambers, Church, Coffroth, Col over, Croan, Emerson, Glazebrook, 
Gregory of Warren, Griffith, Harrison, Humphreys, Hunt, Kilgore, 



56 

Leraon, Lockhart, Lopp, Milroy, Montgomery, Miller of Clinton^ 
O'Brien, Osborn, Puett, Reese, Richards, Richardson, Roach, Sim, 
Spencer, Stenger, Sullivan of Scott, Sullivan of Posey and Vander- 
burg, Thatcher, Trusler, White and Whiteside — 42. 

So the amendment was laid on the table. 

Mr. Miller of Tippecanoe demanded the previous question. 

The question being on recommendation of committee with amend- 
ments, 

Which was concurred in. 

Mr. Miller of Tippecanoe asked and obtained leave to introduce 

House bill No. 2. A bill relative to the Supreme Court and pro- 
viding compensation to the Judges thereof. 

Which was read a first time and passed to a second reading. 

Mr. Brown asked and obtained leave to introduce 

House bill No. 3. An act to legalize the proceedings of the Court 
of Common Pleas of Jackson county, had at the October term, 1864. 

Which was read a first time and passed to a second reading. 

Mr. Brown moved to suspend the rules and read the bill a second 
time now. 

Those who voted in the affirmative were, 

I^fessrs. Abbett, Atkinson, Beckett, Bird, Bonner, Boyd, Brown, 
Burns, Burwell, Buskirk, Chambers, Church, Cofi'roth, Collins, Colo- 
ver. Cook, Cox, Croan, Crook, Emerson, Ferris, Foulke, Goodman, 
Glazebrook, Gregg, Gregory of Montgomery, Gregory of Warren, 
Griffith, Groves, Hargrove, Harrison, Hershey, Higgins, Hogate, 
Hoover, Humphreys, Hunt, James, Johnson, Kilgore, Lasselle, Lemon, 
Lockhart, Lopp, Major, Meredith, Miller of Clinton, Miller of Tippe- 
canoe, Milroy, Montgomery, OUeman, Osborn, Perigo, Prather, 
Puett, Reese, Rhoads, Rice, Richards, Richardson, Riford, Roach, 
Sabin, Shoaff of Allen, ShoafF of Jay, Shuey, Sim, Spencer, Stenger, 
Stiver, Stringer, Stuckey, Sullivan of Scott, Sullivan of Posey and 
Vanderburg, Thatcher, Trusler, Upson, Veach, White, Whiteside, 
Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker— 8G. 

Those who voted in the negative were, 
Messrs. Banta and Boyd — 2. 



57 

So the rules were suspended and the bill read a second time. 

Mr. Brown moved to suspend the rules and read the bill a third 
time now. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Banta, Beckett, Bird, Boyd, Brown' 
Burton, Burwell, Buskirk, Chambers, Church, Collins, Colover, Cook» 
Cox, Cioan, Crook, Ferris, Foulke, Goodman, Glazebrook, Gregg» 
Gregor^l of Montgomery, Gregory of Warren, Griffith, Groves, Har- 
grove, Harrison, Henricks, Hershey, Hogate, Hoover, Humphreys, 
Hunt, Johnson, Kilgore, Lasselle, Lemon, Lockhart, Lopp, Major, 
Mereditl;, Miller of Tippecanoe, Milroy, Montgomery, O'Brien, OUe- 
man, Osborn, Patterson, Perigo, Prather, Puett, Reese, Rhoads, Rice, 
Richards, Richardson, Riford, Roach, Sabin, Shoaff of Allen, Shoaff 
of Jay. Shuey, Si-in, Spencer, Stenger, Stringer, Stucky, Sullivan of 
Scott, Sullivan of Posey and Vanderburg, Thatcher, Trusler, Upson, 
Veach, Welch, White, Whiteside, Willis, Woodruff, Woods, Wright, 
Zeiglerand Mr. Speaker — 85. 

1 
Noesyone. 

So thebill was read a third time. 

The qustion being on the passage of the bill : 

Shall ik bill pass ? 

\ 

\ Those who voted in the affirmative were, 

Messrs. Abett, Atkinson, Banta, Beckett, Bird, Bonner, Boy;d, 
Brown, Buves, I3urton, Burwell, Buskirk, Chambers, Church, Coff- 
roth, CoUins^olover, Cook, Croan, Crook, Emerson, Ferris, Foulke, 
Goodman, Glzebrook, Gregg, Gregory of Montgomery, Gregory of' 
Warren, Griffi, Groves, Hargrove, Harrison, Henricks, Hershey, Ho- 
gate, Hoover, lumphreys. Hunt, Johnson, Kilgore, Lasselle, Lemon, 
Lockhart, Lop\ Major, Meredith, Miller of Clinton, Miller of Tippe- 
canoe, Milroy, lontgomery, McVey, OUeman, Osborn, Perigo, Puett, 
Reese, Rhoads,Rice, Richards, Richardson, Riford, Roach, Sabin, 
Shoaff of Allen,Shoaff of Jay, Shuey, Spencer, Stenger, Stivers, 
Strin^c r, Stucke;, Sullivan of Scott, Sullivan of Posey and Vander- 
burg, 'I hatcher, nisler, Upson, Veach, Welch, White, Whiteside, 
Willis, Woodruff, Tright, Zeigler and Mr. Speaker — 85. 

Nays none. 

So the bill passed\ 



58 

Mr. Griflfith asked and obtained leave to introduce 

House Bill No. 4. An act fixing the per diem and mileage of 
Senators and Representatives of the General Assembly, providing 
officers therefor and fixing the compensation thereof, and repealing 
all laws inconsistent therewith. 

Which was read a first time and passed to a second reading. 

On motion by Mr. Abbett, 

The House adjourned until 2 o'clock P. M. L 



2 o'cLoci, r. M. 
The House met. 

Mr. Rhoads asked and obtained leave to introduce 

Joint Resolution No. 2. A joint resolution accepting tie donation 
of public lands to the several States and Territories, whid may pro- 
vide colleges for the benefit of agriculture and the mchanic arts, 
made by act of Congress, approved July 2, 1862. 

Whereas, On the 2d day of July, 1862, the Congress c' the United 
States passed an act, entitled, "An Act donating polic lauds to 
the several States and Territories, which may provie colleges for 
the benefit of agriculture and mechanic arts;" and 

Whereas, By said Act each of the several States iot in rebellion 
against the Government, is authorized to receiv an amount of 
public lands equal to 30,000 acres, for each Se:Ator and Repre- 
sentative in Congress, to which the States are re?ectively entitled 
by the apportionment under the census of 1860 -and 

Whereas, by the provisions of the said act of Confess, the State of 
Indiana is entitled to an amount of said pu^ic lands equal to 
390,000 acres, provided the State accepts the tid donation on tne 
conditions and restrictions specified in the sai act. Therefore, 

Be it resolved hj the General Assembly of ^ iStaie of Indiana, . 
That the said donation is accepted on behalf c the State, subject to | 
the provisions provided in said act. 

Which was read a first time, and passed to second reading. 



59 

Mr. Miller, of Clinton, asked and obtained leave to introduce 

House bill, No. 5. An act to legalize certain records of deeds, 
mortgages, and other instruments recorded in the Recorder's office of 
Clinton county. 

On motion by Mr. Kilgore, it was 

Hesolvidy That the doorkeeper be directed to contract for and have 
delivered on the desk of each member of the House, wrapped and 
stamped leady for mailing, four copies each of the Indianapolis Daily 
Journal and the Indianapolis Daily Sentinel, to be forwarded to the 
soldiers in the field. 

Which Yas adopted. 

Mr. Buiirk asked and obtained leave to introdufce 

House bll, No. 6. An act to establish an Agricultural College 
wherein slall be taught such branches of learning as are related to 
Agriculturi, including the Mechanic Arts and Military Tactics. Also, 
such other tranches of science and literature as the General Assem- 
bly, or the Trustees of said College, shall direct, and to appropriate 
funds for is endowment, support and maintenance, and to provide a 
Board of Tustees for its management. 

Which ws read a first time, and passed to a second reading. 

» 

Mr. Higgiis asked and obtained leave to introduce 

House bill^o. 7. An act to amend the first section of an act en- 
titled, an act oncerning the organization of voluntary associations, 
and repealingformer laws in reference thereto, approved February 
12th, 1855, sc as to authorize the formation of Ferry Companies, 
approved Febiiary 16th, 1859, so as to authorize the survey, con- 
struction, main^nance and repair of harbors, docks and piers, upon 
Lake Michigan .nd other navigable waters, and to assess and collect 
tolls for the us6-,hereof. 

Mr. Higgins mved to suspend the rules, and read the bill a second 
time now. 

Tho^ who voted in the affirmative were, 

Messrs. Bird, Boner, Brown, Burton, Burwell, Buskirk. Chambers, 
Church, Cofi'roth, CiUns, Cook, Cox, Croan, Emerson, Ferris, Foulke, 
Goodman, Gregg, Gjgory of Montgomery, Gregory of Warren, Grif- 
fith, Groves, Harri&i, Hershey, Higgins, Hogate, Hoover, Hum- 
phreys, James, John&n, Kilgore, Lasselle, Lemon, Lockhart, Major, 
Meredith, Miller of Chton, Miller of Tippecanoe, Milroy, Montgomery, 



60 

McVey, Newcomb, O'Brien, Olleman, Osborn, Patterson, Perigo, 
Prather, Puett, Reese, Rhoads, Rice, Richards, Richardson, Riford, 
Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Spencer, Stewart, 
Stenger, Stiver, Stuckey, Sallivan of Posey and Vanderburg, Thatcher, 
Truster, Upson, Ycach, White, Whiteside, Willis, Woodruff, Woods, 
Wright, Zeigler and Speaker. 

• Those who voted in the negative were, 

Messrs. Abbett, Atkinson, Banta, Beckett, Boyd, Burner, Colover, 
Glazebrook, Hargrove, Hunt, Lopp, Puett, Roach and Scr.iiger — 14. 

So the rules were suspended and the bill read a seeond time. 

On motion, by Mr. Higgins, 

House bill No. 7 was referred to the Committee on C(rporations. 

Mr. Wood asked and obtained leave to introduce 

— . - * 

Joint resolution No. 3. A joint resolution proposing an amend- 
ment to article eight of the Constitution, so as to enable dties, towns, 
townships and school districts, to levy taxes for the suport of com- 
mon schools. 

Which was read a first time and passed to a second rading. 

Mr. Brown asked and obtained leave of absence for (. L. Dunham 
until Friday. 

Mr. Shoaff of Allen asked and obtained leave to inroduce 

House bill No. 8. An act providing for the taxing-)f dogs and for 
the payment of damage sustained in the maiming or .Uling of sheep, 
by dogs, and providing penalties, for the violation ofiny of the pro- 
visions of said act by officers and others, and also reealing an act to 
license dogs, approved March 11th, 1861, and alUther laws con- 
flicting with the provisions of this act. 

Which was read a first time and passed to a seco^eading. 

Message from the Senate, by Mr. Whittlesey, ibir Secretary. 

Mr. Speaker: 

I am directed to inform the House that the S'late has passed the 
following enrolled act of the House : 

House bill No. 3. An act to legalize the pr<;eedings of the Court 
of Common Pleas of Jackson County, held at t> October Term, 1864. 

Message from the Senate by Mr. Whittlese, their Secretary. 



61 

Mr. Speaker : 

I am directed by the Senate to inform the House of Representa- 
tives that the Senate has passed the following resolution : 

Resolved, hy the Senate, the House of Representatives concurring 
therein, That a joint committee, consisting of three members of the 
Senate and five members of the House of Representatives, be 
appointed to examine into the receipts and expenditures by the Gov- 
ernor ; and said committee shall have power to send for persons and 
papers and with authority to report by bill or otherwise. 

Mr. Miller of Tippecanoe offered the following resolution : 

Whereas, The report of the Select Committee on stationery, 
adopted by the House to-day authorizing the House to ap»)oint a sta- 
tionery clerk, who shall take charge of the stationery and deliver the 
same to members, &c., therefore, 

Resolved, That Andrew J. Castater of Tippecanoe county be 
appointed by the House as such clerk. 

Mr. Newcomb moved to amend by substituting the name of Mr. 
Daugherty. 

Mr. Boyd moved to amend by substituting the name of W. W. 

Browning. 

The resolution and pending amendments were all withdrawn, then 
Mr. Coffroth offered the following resolution : 

Resolved, That the Speaker be requested to appoint a clerk in the 
stationery room at as early a time as possible. 
Which was adopted. 

Mr. Rice asked and obtained leave to introduce 

House bill No. 9. A bill to repeal any restriction or limit as to 
the per centum per annum to be divided to the stockholders of any 
railroad company that shall have organized and constructed a rail- 
road prior to the adoption of the Constitution of this State, or to the 
enactment of the General act providing for the incorporation of rail- 
road companies so that all railroad companies shall be upon equal 
footing and have the same as to dividends upon their earnings. 

Which was read a first time and passed to a second readin * 

Mr. Groves asked and obtained leave to introduce 

House bill No. 10. An act to amend an act entitled an act to pro- 
vide for the compensation of township Assessors. 



62 

Which was read a first time and passed to a second reading. 

On motion by Mr. Branham, 

Joint concurrent resolution from the Senate was taken from the 
table. 

Mr. Branham demanded the previous question. 
Which was seconded. 

The question being 

Shall the main question be now put ? 

Which was agreed to. 

The question being on the adoption of the joint resolution. 
Messrs. Brown and Collins demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Banta, Bonner, Boyd, Branham, Burns, 
Buskirk, Church, Colover, Cook, Cox, Crook, Emerson, Ferris, 
Foulke, Goodman, Glazebrook, Gregg, Gregory of Montgomery, 
Gregory of Warren, Griffith, Groves, Hargrove, Henricks, Hershey, 
Higgins, Hogate, Hoover, Hunt, Johnson, Kilgore, Lasselle, Lemon, 
Lockhart, Lopp, Major, Meredith, Miller of Tippecanoe, Montgom- 
ery, McVey, Newcomb, O'Brien, Olleman, Osborn, Patterson, Per- 
igo, Prather, Puett, Reese, Rhoads, Rice, Richards, Richardson, 
Riford, Sabin, Shoaff of Jay, Shuey, Sim, Spencer, Steward, Stenger, 
Stiver, Stringer, Stuckey, Sullivan of Posey and Vanderburgh, Trus- 
ler, Upson, Veach, White, Whiteside, Willis, Woodruff, Woods, 
Wright, Zeigler and Mr. Speaker — 77. 

Those who voted in the negative were, 

Messrs. Beckett, Bird, Brown, Burton, Burwell, Coffroth, Collins, 
Croan, Harrison, Humphreys, Miller of Clinton, Milroy, Roach, 
Shoaff of Allen and Thatcher— 15. 

So the resolution was concurred in. 

Mr. Collins offered the following resolution : 

Kesolved, That the Doorkeeper be requested to furnish a number 
of low aeats corresponding with the number of pages, to be placed 
immediately in front of the desks, for the accommodation of the pages 
when not actively employed. 

Which was adopted. 

Mr. Woods asked and obtained leave to introduce 



63 

Joint Resolution No. 4. A Joint Resolution proposing an amend- 
ment to the 23d Section of the Constitution so as to provide for laws 
enabling cities, towns, townships, and school districts to raise money 
for the support of common schools. 

Which was read a first time aid passed to a second reading. 

Mr. Steward asked and obtained leave to introduce 

House Bill No 1. An act to divide the State into Congressional 
Districts, and to fix the time when elections shall be held therein. 
Which was read a first time and passed to a second reading. 

Mr. Miller of Clinton ofi'ered the following resolution : 

Resolved^ That it is the duty of the General Assembly to make a 
fair, equitable apportionment of the State for Congressional and Leg- 
islative purposes, making the Districts in regular and convenient form 
as may be, with equal population, and without regard to their polit- 
ical character. 

Mr. Brown moved to refer the resolution to the Committee on the 
Judiciary. 

The motion did not prevail. 
■ So the resolution was not referred. 

Mr. Buskirk moved to refer to the Committee on the Judiciary^ 
with instructions to inquire and report whether the present General 
Assembly possesses the Constitutional power to make an apportion- 
ment for Senatorial and Representative purposes. 

The resolution was so referred. 

Mr. Brown ofi'ered the following resolution : 

Rewlved, That 8,000 copies of the Governor's Message — 5,000 in 
English and 3,000 in German — be printed and laid on the desks of 
members. 

Pending which question. 

On motion by Mr. Boyd, 
The House adjourned until 9 o'clock to-morrow morning. 



64 



WEDNESDAY MORNING-, 9 o'clock, 1 
January 11th, 1865. j 

House met. 

Journal read and approved. 

The Speaker laid before the House the report of the State Bank 
of Indiana, by G. W. Rathbone, its President. 

Bank of the State of Indiana, \ 
Indianapolis, January 9th, 1865. / 

Hon. John U. Pettit, 

Speaker of the House of Representatives : 

Sir: — I have the honor of herewith submitting the annual Report 
of the Bank of the State of Indiana, and the Reports of each of the 
Branches of the Bank of the State of Indiana, to be laid before the 
House. 

G. W. Rathbone, PresH, 

Mr. Brown moved to refer it to the Committee on Banks. 
The report was so referred. 

Mr. Spencer asked leave of absence for Mr. Sullivan of Vander- 
burg and Posey until Tuesday morning. 
Which was granted. 

Mr. Gregory offered the following petition : 

A petition asking that a law be passed which will enable persons 
in the army to transact their business at home through agents. 
Which, 
On motion, 
Was referred to the Committee on the Judiciary. 

Mr. Rice offered the following resolution : 

Whereas, In certain counties of the State of Indiana, during the 
past year, large sums of the Common School Fund have been Tying 
idle and unloaned by the County Auditors of said counties, for the 
reason that no persons have applied for the loan of th*e same ; 
therefore, 



65 

Resolved hy the House of Representatives, That the Superintendent 
of Public Instruction be requested, at as early a day as possible, to 
report to said House the amount of said fund so unemployed, and 
from which no revenue is accruing. 

Which, on motion, was adopted. 

Mr. Collins oifered the following reso||kion : 

Resolved, That the Committee on Corporations be, and they are 
hereby, instructed to inquire into the propriety and expediency of 
regulating by law, freights and fares on all public conveyances in this 
State, and report at their earliest convenience by bill or otherwise. 

Which, 

On motion, 

Was referred to Committee on Corporations. 

Mr. Griffith offered the following concurrent resolution : 

Be it resolved hy the House of Representatives, {the Senate concur- 
ring^ That the Clerk of each Circuit Court of this State be directed 
to distribute the Senate and House Journals, Documentary Journals, 
and Acts of the General Assembly, on hands in his office, giving to 
each Township Trustee, and each Township Commissioner, one copy 
of each of said Journals and Acts, and shall distribute the balance 
as his discretion may suggest, to citizens of his county ; Provided^ 
That he reserve two copies of each for the use of his office. 

Mr. Griffith asked that the resolution be referred to the Judiciary 
Committee, with instructions to be reported by bill or otherwise. 

The resolution was so referred. 

Mr. Harrison asked and obtained leave to introduce 

House Bill No. 12. A bill to amend the first section of an act, 
entitled, " An Act for the better protection of religious meetings, 
agricultural fairs and other lawful assemblages of the people," 
approved March 3, 1857. 

Which was read a first time and passed to a second reading. 

Mr. Gregg asked and obtained leave to introduce 

Joint Resolution No. 5. A joint resolution asking Congress to 
authorize the State of Indiana to apply certain lands granted to the 
State for the endowment and support of a college, on the proceeds 
thereof, to the founding and support of a home, or homes, in said 
State, for disabled soldiers and seamen, or for the benefit of orphan 
children of soldiers and seamen of said State, who have died and 

H. J.— 5. 



66 

may die in the service of the United States, during the present war, 
in such manner as the General Assembly of said State shall deter- 
mine. 

Which was read a first time and passed to a second reading. 

On motion, ^ 

Mr. Brown's resolution, pBiding the adjournment yesterday, was 
taken up. 

Mr. Newcomb moved to refer to the Committee on the Judiciary. 

Mr. Brown moved to lay Mr. Newcomb's motion on the table. 

The ayes and noes being demanded b}^ Messrs. Brown and New- 
comb, 

Those who voted in the afiirmative were, 

Messrs. Abbett, Brown, Burton, Burwell, Buskirk, Coffroth, Collins, 
Colover, Croan, Glazebrook, Gregg, Hargrove, Harrison, Humphreys, 
Hunt, Lasselle, Lemon, Lopp, Miller of Clinton, Milroy, O'Brien, 
Osborn, Patterson, Perigo, Puett, Richards, Richardson, Roach, 
Shoaff of Allen, Shoaif of Jay, Spencer, Stenger, Stuckey, Sulli- 
van of Scott, Thatcher, Veach and White — 37. 

Those who voted in the negative were, 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burns, Cham- 
bers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, 
Lockhart, Major, Meredith, Miller of Tippecanoe, Montgomery, 
McVey, Newcomb, Olleman, Prather, Reese, Rhoads, Rice, Riford, 
Sabin, Shuey, Sim, Steward, Stiver, Stringer, Sullivan of Posey and 
Vanderburg, Trusler, Upson, Welch, Whiteside, Willis, Woodruff, 
Woods, Wright, Zeigler and Mr. Speaker— 57. 

So the motion to lay on the table was lost. 

Mr. Newcomb's motion to refer was agreed to. 

Mr. Branham offered the following concurrent resolution : 

Resolved, By the House of Representatives {the Senate concurring^) 
that the two Houses meet in Joint Convention, in this Hall, at 22- 
o'clock P. M., this day, and to proceed to the election of State Agent, 
State Printer, State Librarian, Trustee of the Wabash and Erie 
Canal, Director of the Southern Prison and three Directors of the 
Northern Prison. 



67 

Mr. Coffroth moved to refer that part of the resolution relating to 
the Director of the Northern Prison to the Committee on the 
Judiciary. 

Which was not agreed to. 

The resolution Avas then adopted. 

Mr. Brown offered the follov/ing resolution : 

Resolved, That the Committee on Railroads be instructed to inquire, 
whether, and if so, which Railroad Company it is, thai: is charging a 
greater rate of passenger and freight tariff — whether local or other- 
wise — than is allowed by their respective charters ; and also to further 
inquire what legislation is necessary, if any, to protect the public 
from such extravagant charges, and report by bill or otherwise. 

Which, 

On motion, 
Was referred to the Committee on Railroads, 

Mr. Buskirk offered the followins; resolution : 

Whereas, the Common Council of the City of Indianapolis has passed 
the following: ordinance : 

CITY ORDINANCE. 

AN ORDINANCE to prohibit Substitute Brokerage and the enlist- 
ing of soldiers to fill quotas other than those of the City of Indiana- 
polis, or Center Township, Marion County, Indiana, within the 
corporate limits of the City of Indianapolis. 

Whereas, The business of procuring substitutes for parties drafted, 
or liable to be drafted, into the National forces, through the inter- 
vention of agents or brokers, is illegitimate and productive of evil to 
the army and the people. 

Whereas, The existence of such agencies in this city has had the 
effect to invite here the agents for Townships in all parts of the State 
to procure men to fill quotas from those who, if left to act on their 
own judgment, would enlist to fill our own quota ; therefore. 

Section 1. Be it ordained hy the Common Council of the City of 
Indiayiapolis, That it shall not be lawful for any one within the cor- 
porate limits of the City of Indianapolis to engage, or in any way 
assist, in the business of acting as the agent for the procuration of 
substitutes or recruits to fill the quotas of Townships other than Cen- 
ter Township, Marion county, Indiana. 

Sec. 2. It shall h^ prima facie evidence of the engaging or assist- 
ing in the business named in the first section of this Ordinance, for 
any one to advertise, either by notices in the city papers, or by posters 
or handbills, that they will furnish substitutes or procure recruits to^ 



68 

fill quotas for townships or localities other than the quotas for Center 
Township, Marion County, Indiana ; or who shall post up or distri- 
bute any such posters or handbills, or publish the same. 

Sec. 3. It shall be unlawful for any person to employ an agent, 
runner or solicitor, to procure substitutes or volunteers to be credited 
to any other locality than Center Township, as aforesaid. 

Sec. 4. It shall be unlawful for any person to employ, or furnish 
the means to any other person, to be used in any way or manner 
whatever, to pay bounties to procure the enlistment of substitutes or 
volunteers, to be credited to any other locality than Center Township, 
as aforesaid. 

Sec. 5. Any one violating any of the provisions of this ordinance 
shall, upon conviction before the Mayor, be fined fifty dollars for each 
distinctive ofi'ense, and in the discretion of the Mayor, be imprisoned 
in the County jail for thirty days. 

Gec. 6. , It is hereby made the special duty of the members of the 
police force, to aid in the enforcement of the provisions of this ordi- 
nance, and the Chief of Police is directed to instruct the members of 
the police force to arrest and make complaint against any person 
found violating the same, and he is, further, authorized to employ 
such necessary detective force as will bring to punishment all parties 
engaging in the business prohibited by this ordinance. 

Sec. 7. This ordinance shall be in force from and after its passage, 
and the same shall be published for two successive weeks in the Daily 
Indianapolis Journal, and there being an emergency for the immedi- 
ate enforcement of this ordinance, the Mayor is hereby required to 
issue his proclamation in the manner required by the City Charter, 
announcing the passage of this ordinance. 

JOHN CAYEN, Mayor. 

Attest, 

C. S. Butterfield, City Clerk. 

And, Whereas, the said ordinance is believed to be in open violation 
of the Charter of said City, and prejudicial to all other Counties in 
this State, and calculated to embarrass recruiting in this State, 
therefore, 

Resolved, That the Committee on Corporations be instructed to in- 
quire and report, whether said Ordinance is authorized by the Charter 
of said City ; and if said Committee should find that such Ordinance 
is authorized by the Charter of such City, then the said Committee 
shall report a bill amending such Charter, so as to deprive such Com- 
mon Council of the power to pass such an Ordinance. 

Which was adopted. 

Mr. Prather asked and obtained leave to introduce 

House bill No, 13 An act for the relief of persons who have lost 



69 

property in consequence of rebel raids, and to provide for the liqui- 
dation and payment of claims for the same. 

Which was read a first time, and passed to a second reading. 

Mr, Montgomery offered the following resolution : 

Resolved, That the Committee on Public Printing be requested to 
inquire into the expediency of reporting a bill, authorizing the publi- 
cation of all laws that may be enacted by the General Assembly, in 
one or more newspapers in each county, and fixing a compensation 
for the same. 

Which, 

On motion, 
Was referred to the Committee on Public Printing. 

Mr. Branham asked and obtained leave to introduce 

House bill No. 14. An act for the relief of the families of sol- 
diers and marines in the State and United States service, and of those 
who have died or been disabled in such service, and of prescribing the 
duties of certain officers therein named. 

Which was read a first time and passed to a second reading. 

Mr. Branham moved to suspend the rules and read the bill a second 
time now. 



Those who voted in the affirmative were 



Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Brown, Burnes, 
Burton, Burwell, Buskirk, Chambers, Church, Coffroth, Cook, Cox, 
Croan, Crook, Emerson, Ferris, Goodman, Gregg, Gregory of Mont- 
gomery, Gregory of Warren, Groves, Harrison, Henricks, Hershey, 
Higgins, Hogate, Hoover, Humphreys, Hunt, James, Johnson, Kil- 
gore, Lasselle, Lockhart, Lopp, Major, Meredith, Miller of Clinton, Mil- 
ler of Tippecanoe, Milroy, Montgomery, McVey,]Srewcomb, O'Brien, 
Olleraan, Osborn, Patterson, Perigo, Prather, Puett, Reese, Rhoads, 
Rice, Richards, Richardson, Riford, Sabin, Shoaff of Allen, Shoaff 
of Jay, Shuey, Sim, Spencer, Steward, Stenger, Stiver, Stringer, 
Stuckey, Sullivan of Scott, Sullivan of Posey and Vanderburg, 
Thatcher, Trussler, Upson, Veach, Welch, White, Whiteside, Willis, 
Woodruff, Woods, Wright, Zeigler and Mr. Speaker. — 86. 

Those who voted in the negative were, 

Messrs. Abbett, Beckett, Bird, Collins, Colover, Glazebrook, Har- 
grove, Lemon, and Roach — 9. 



70 

Mr. Branham moved to suspend the rules so as to read the bill a 
second time now, by its title. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Brown, Burnes, 
Burton, Eurwell, Buskirk, Church, Coffroth, Colover, Cook, Cox, 
Croan, Crook, Emerson, Ferris, Foulke, Goodman, Glazebrook, 
Gregg, Gregory of Montgomery, Gregory of Warren, Groves, Har- 
rison, Henricks, Higgins, Hogate, Hoover, Humphreys, Hunt, James, 
Johnson, Kilgore, Lasselle, Lockhart, Lopp, Major, Meredith, Miller 
of Clinton, Miller of Tippecanoe, Milroy, Montgomery, McVey, 
Newcomb, O'Brien, Olleman, Osborn, Patterson, Perigo, Prather, 
Puett, Reese, Rhoads, Rice, Richaras, Richardson, Riford, Roach, 
Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Sim, Spencer, Stew- 
ard, Stenger, Stringer. Stucky, Sullivan of Scott, Sullivan of Van- 
derburg and Posey, Thatcher, Trusler, Upson, Veach, Welch, White, 
Whiteside, Willis, Woodruff, Woods, Wright, Zeigler and Mr. 
Speaker— 88. . 

Those who voted in the negative were, 

Messrs. Abbett, Bird, Collins, Hargrove and Lemon — 5. 

« 
So the rules were suspended and the bill read a second time by its 
title. 

Mr. Branham moved to refer the bill to the Committee on the 
Judiciary. * 

So referred. 

Message from the Senate by Mr. Whittlesey, their Secretary. 

Mr. Speaker: 

I am directed by the State Senate to inform the House of Repre- 
sentatives that the Senate has passed the following resolution, 
to-Ait: 

Resolved, That iJie Senate, the House concurring, go into the 
election of the following named officers this day at 2 J o'clock, P. M., 
to-wit: 

One Aajent of State. 

CD t 

One State Printer. 
One State Librarian. 

One Trustee of the Wabash and Erie Canal. 

One Director for the Southern, and three Directors of the North- 
ern State Prisons. 



71 

In which the concurrence of the House is respectfully requested. 

Message from the Senate by Mr. Whittlesey, their Secretary. 

Mr. Speaker : 

I am directed by the State Senate to inform the House of Repre- 
sentatives that the Senate has concurred in the following resolution 
of the House, to-wit: 

Resolved hy the House of Representatives, {the Senate concurring,) 
That the two Houses meet in Joint Convention in this Hall at 2-J 
o'clock, P. M., this day, and to proceed to the election of 

State Agent, 

State Printer, 

State Librarian, • 

Trustee of the Wabash and Erie Canal, 

Director of the Southern Prison, and 

Director of the Northern Prison. 

Mr. Wright moved to reconsider the vote by which the resolution 
of Mr. Kilgore was adopted yesterda,y, referring to newspapers. 

Mr. Brown moved to lay on the table the motion to reconsider. 

Pending which, 

The House adjourned until 2 o'clock, P. M. 



2 o'clock, p. m. 

House met. 

Message from the Senate by Mr. Whittlesey, their Secretary. 

Mr. Speaker: 

I am directeu by the Senate to inform the House of Representa- 
tives that the Senate has passed the following engrossed bills thereof: 

Engrossed Senate bill No. 3. A bill to legalize the issuing of 



72 

bonds and making of appropriations, and the levy and assessment for 
taxes in certain cases. 

Engrossed Senate bill No. 13. A bill to amend the 17th section 
of an act providing for the organization of County Boards, and pre- 
scribing some of their powers and duties, approved June 17th, 1852. 

In which the concurrence of the House of Representatives is 
respectfully requested. 

Mr. Brown moved to lay on the table the motion of Mr. Wright, 
which was pending when the House adjourned. 
Which was agreed to. 

Mr. Henricks offered the following resolution : 

Resolved^ That the Stationery Clerk be instructed to charge each 
member of this House with the cost of the copy of the Statutes fur- 
nished for his use, and also with the cost of all newspapers ordered 
to be placed upon his desk for any purpose whatever. 

Mr. Brown moved to refer the resolution to the Committee on the 
Judiciary. 

Which was not agreed to. 

Mr. Higgins moved to lay it on the table. 

The question being on the motion to lay the resolution on the 
table, 

Mr. Groves moved that the Senate be invited into the Hall of the 
House immediately, to enter into the election of the following ofl&- 
cers : For 

State Agent, 

State Printer, 

State Librarian, 

One Director of the Southern Prison, 

Three Directors of the Northern Prison, 

One Trustee for the Wabash and Erie Canal. 

The hour having arrived for that purpose. 
Which was agreed to. 

The Senate then appeared in the Hall of the Hoase of Represen- 
tatives and took seats on the right of the Speaker's chair. 

The President of the Senate then announced the object of the 
Joint Session, when 



73 

Mr. Newcomb made the following motion : 

That the order of the election be as follows, to-wit: 

State Printer. 

State Agent. ""' 

State Librarian. 

Trustee of the Wabash and Erie Canal. ^ 

One Director of the State Prison South. 

Three Directors for the State Prison North. 

Which w^as agreed to. 

The nomination of State Printer being then in order, 

. Mr. Newcomb nominated Wm. R. IloUoway of Marion county. 

Senator Bradley nominated John B. Norman of Floyd county. 

The Clerk then proceeded to call the roll. 

Those who voted for Wm. R. Holloway were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, 
Milligan, Niles, Noyes, Oyler, Peden, Richmond, Terry, Thompson, 
Van Buskirk, Ward, Wood and W^right of the Senate, and 

Messrs. Atkinson, Banta, Bonner, Boyd Branham, Burns, Cham- 
bers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregory of Montgomery, Gregory of Warren, Griflfith, Groves, Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, 
Lockhart, Major, Meredith, Miller of Tippecanoe, Montgomery, 
McVey, Newcomb. Olleman, Prather, Reese, Rhoads, Rice, Riford 
Sabin, Shuey, Sim, Steward, Stiver, Stringer, Sullivan of Posey and 
Vanderburg, Trusler, Upson, Welch, Whiteside, Willis, Woodruff, 
Woods, Wright, Zeigler, and Mr. Speaker, of the House of Represen- 
tatives — 82. 

Those who voted for John B. Norman were, 

Messrs Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Corbin, Douglass, English, Fuller, Gaff, Gifford, Herd, Jenkins, 
Mason, Moore, McClurg, Newlin, Staggs, Vawter, and Williams, of 
the Senate, and 

Messrs. Abbett, Beckett, Bird, Burwell, Buskirk, Collins, Colover, 
Croan, Glazebrook, Gregg, Hargrove, Harrison, Humphreys, Hunt, 
Lasselle, Lemon, Lopp, Milroy, O'Brien, Osborn, Patterson, Perigo, 
Puett, Richards, Richardson, Shoaff of Allen, Shoaff of Jay, Spencer, 
Stenger, Stuckey, Sullivan of Scott, Thatcher, Veach and White, of 
the House of Representatives — 55. 



74 

William R. Hollo way, having received a majority of all the votes 
cast by the General Assembly, was declared by the President of tjie 
Joint Convention duly elected State Printer for two years from and 
after the expiration of the term of the present incumbent. 

The election of State Aorent beino- next in order, 

Senator Dunnino; nominated Georo;e A. Buskirk of Monroe 
County. 

Senator Williams nominated Mathew L. Brett of Daviess County. 

Those who voted for George A. Buskirk were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, 
Milligan, Niles, Noyes, Oyler, Peden, Richm(Md, Terry, Thompson, 
Van Buskirk, Ward, Woods and Wright, of the Senate, and 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burns, Bus- 
kirk, Chambers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, 
Goodman, Gregory of Montgomery, Gregory of Warren, Griffith, 
Groves, Henricks, Hershey, Higgins, Hogate, Hoover, James, John- 
son, Kilgore, Lockhart, Major, Meredith, Miller of Tippecanoe, 
Montgomery, McVey, Newcomb, Olleman, Prather, Reese, Rhoads, 
Rice, Riford, Roach, Sabin, Shuey, Sim, Steward, Stiver, Stringer, 
Sullivan of Posey and Vanderburg, Trusler, Upson, Welch, White- 
side, Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker, 
of the House of Representatives — 84. 

Those who voted for Mathew L. Brett were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Douglass, English, Finch, Fuller, Gaff, Gifford, Hord, Jenkins, Mason, 
Moore, McClurg, Staggs, Yawter, Williams, of the Senate, and 

Messers. Abbett, Beckett, Bird, Burwell, Burton, Collins, Colover, 
Croan, Glazebrook, Gregg, Hargrove, Harrison, Humphreys, Hunt, 
Lasselle, Lemon, Lopp, Milroy, O'Brien, Osborn, Patterson, Perigo, 
Puett, Richards, Richardson, Shoaff of Allen, Shoaff of Jay, Spencer, 
Stenger, Stuckey, Sullivan of Scott, Thatcher, Veach and White, of 
the House of Representatives — 54. » 

George A. Buskirk, having received a majority of all the votes 
cast by the General Assembly, was declared by the President of the 
Joint Convention duly elected Agent of State, for two years from 
and after the expiration of the term of the present incumbent. 

The next in order being the election of State Librarian, 

Senator Oyler nominated Rev. B. F. Foster of Marion county, 



75 
Mr. Buskirk nominated David Stevenson, the present incumbent. 
Those who voted for Rev. B. F. Foster were 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, 
Milligan, Niles, Noyes, Oyler, Peden, Bichmond, Terry, Thompson, 
Van Buskirk, Ward, Wood, Wright, of the Senate, and 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burns, Cham- 
bers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, 
Lockliart, Major, Meredith, Miller of Tippecanoe, Montgomery, 
McVey, Newcomb, Olleman, Prather, Reese, Rhoads, Rice, Riford, 
Sabin, Shuey, Sim, Steward, Stiver, Stringer, Sullivan of Posey and 
Vanderburg, Trusler, Upson, Welch, Whiteside, Willis, Woodruff, 
Woods, Wright, Zeigler and Mr. Speaker, of the House of Repre- 
sentatives — 82. 

Those who voted for David Stevenson, the present incumbent, were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Douglass, English, Finch, Fuller, Gaff, Gifford, Hord, Jenkins, Mar- 
shall, Mason, Moore, McClurg, Newlin, Staggs, Yawter, Williams, of 
the Senate, and 

Messrs. Abbett, Beckett, Bird, Burton, Burwell, Collins, Colover, 
Croan, Glazebrook, Gregg, Harrison, Hargrove, Humphreys, Hunt, 
Lasselle, Lemon, Lopp, Milroy, O'Brien, Osborn, Patterson, Perigo, 
Richards, Richardson, Roach, Shoaff of Allen, Shoaff of Jay, Spencer, 
Stenger, Stuckey, Sullivan of Scott, Thatcher, Veach,. and White, of 
the House of Representatives — 56. 

B. F. Foster having received a majority of all the votes cast by 
the General Assembly, was declared by the President of the Joint 
Convention duly elected State Librarian for the constitutional term 
prescribed by law. 

The election of Trustee for the Wabash and Erie Canal being next 
in order. 

Senator Richmond nominated Colonel David M. Dunn, of Cass 
county. 

Senator Newlin nominated William A. Langster, of Fountain 
county. 

Those who voted for Col. David M. Dunn were, 

Messrs. Allison, Beeson, Bennett, Bonhapa, Brown of Hamilton, 



76 

Cason, Chapman, Cullen, Culver, Davis, Dunning, Djkes, Hyatt, Mil- 
ligan, Niles, Noyes, Ojler, Peden, Richmond, Terry, Thompson, Yan- 
Buskirk, Ward, Wood, Wright, of the Senate, and 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burns, Cham- 
bers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, 
Lockhart, Major, Meredith, Miller of Tippecanoe, Montgomery, 
McVey, Newcomb, Olleman, Prather, Reese, Rhoads, Rice, Riford, 
Sabine, Shuey, Sim, Steward, Stiver, Stringer, Sullivan of Posey and 
Vanderburg, Trusler, Upson, Welch, Whiteside, Willis, Woodruif, 
Woods, Wright, Zeigler, and Mr. Speaker, of the House of Repre- 
sentatives — 82. 

Those who voted for Wm. A. Langster were, 

Messrs. Barker, Bowman, Bradley, Brown of Wells, Carson, Cobb, 
Douglass, English, Finch, Fuller, Gaff, Gifford, Hord, Jenkins, Mar- 
shall, Mason, Moore, McClurg, Newlin, Staggs, Vawter, Williams, of 
the Senate, and 

Messrs. Abbett, Beckett, Bird, Burton, Burwell, Buskirk, Collins, 
Colover, Croan, Glazebrook, Gregg, Hargrove, Harrison, Humphreys, 
Hunt, Lemon, Lopp, Milroy, O'Brien, Osborn, Patterson, Perigo, 
Puett, Richards, Richardson, Roach, Shoaff of Allen, Shoaff of Jay, 
Spencer, Stenger, Stuckey, Sullivan of Scott, Thatcher, Veach, and 
White, of the House of Representatives — 57. 

Colonel David M. Dunn having received a majority of all the votes 
cast by the General Assembly, was declared by the President of the 
Joint Convention duly elected a Trustee for the Wabash and Erie 
Canal for the term prescribed by law. 

The election of Director for the State Prison, South, beino- next in , 
order, ! 

Mr. Miller of Tippecanoe, nominated William S. Ferrier, of Clark 
county. 

' Mr. Buskirk nominated M. W. Shields, of Jackson county. 
Those who voted for Mr. Ferrier were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, 
Milligan, Niies, Noyes, Oyler, Peden, Richmond, Terry, Thompson, 
VanBuskirk, Ward, AVood, Wright, of the Senate, and 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burns, Cham- 
bers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregory of Montgopiery, Gregory of Warren, Griffith, Groves, 



77 

Henricks, Hershey, Siggins, Hogate, Hoover, James, Johnson, Kil- 
gore, Lockhart, Major, Meredith, Miller of Tippecanoe, Montgomery, 
McVey, Ne\N'comb, Olleman, Prather, Reese, Rhoads, Rice, Riford, 
Sabin, Shuey, Sim, Steward, Stiver, Stringer, Sullivan of Posey and 
Vanderburgh, Trusler, Upson, Welch, Whiteside, Willis, Woodruft', 
Woods, Wright, Zeigler, and Mr. Speaker — 82. 



Those who voted for Mr. Shields were 



Messrs. Barker, Bowman, Bradley, Brown of Wells, Cobb, Doug- 
lass, English, Finch, Fuller, Gaif, Gifford, Hord, Jenkins, Marshall, 
Mason, Sloore, McClurg, Newlin, Staggs, Vawter, Williams, of the 
Senate, and ^ 

Messrs. Abbett, Beckett, Bird, Burton, Burwell, Buskirk, ColHns, 
Colover, Groan, Glazebrook, Gregg, Hargrove, Harrison, Humphreys, 
Hunt, Lasselle, Lemon, Lopp, Milroy, O'Brien, Osborn, Perigo, 
Puett, Richards, Richardson, Roach, ShoaiF of Allen, Shoaff of Jay, 
Spencer, Stenger, Stuckey, Sullivan of Scott, Thatcher, Yeach and 
White, of the House — 57. 

Mr. Ferrier, having received a majority of all the votes cast by 
the General Assembly, was declared, by the President, duly elected 
a Director forjthe Indiana State Prison, South, for the term prescribed 
by law. 

Mr. Branham moved to proceed to the election of three Directors 
for the Northern State Prison, separately. 
Which was agreed to. 

Mr. Kilgore nominated Carleton E. Shipley,' of Delaware county, 

Mr. Buskirk nominated Mr. Blank. 

Those who voted for Mr. Shipley were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, 
MiUigan, Nyles, Noyes, Oyler, Peden, Richmond, Terry, Thompson, 
Van Buskirk, Ward, Wood and Wright, of the Senate, and 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burns, Cham- 
bers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregory of Montgomery, Gregory of Warren, Grifl5th, Groves, Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, 
Lockhart, Major, Meredith, Miller of Tippecanoe, Montgomery, 
McVey, Newcomb, Olleman, Prather, Reese, Rhoads, Rice, Riford, 
Sabin, Shuey, Sim, Steward, Stiver, Stringer, Sullivan of Posey and 
Vanderburg, Trusler, Upson, Welch, Whiteside, Willis, Woodruff, 
Woods, Zeigler and Mr. Speaker, of the House — 8L 



78 

Those who voted for Mr. Blank were, 

Messrs. Bowman, Bradley, Brown of Wells, Carson, Cobb, Doug- 
lass, English, Finch, Hord, Marshall, Mason, Moore, Staggs, Williams, 
of the Senate, and 

Messrs. Abbett, Beckett, Burwell, Colover, Croan, Glazebrook, 
Gregg, Harrison, Hunt, Lasselle, Lemon, Lopp, Milroy, O'Brien, 
Osborn, Perigo, Richards, Richardson, Roach, Shoaff of Allen, Shoaff 
of Jay, Spencer, Stenger, Stucky, Sullivan of Scott, and Thatcher, 
of the House — 40. 

Mr. Shipley, havir.g received a majority of all the votes cast, was 
declared duly elected a Director for the Indiana State Prison, North, 
for the term of years prescribed by law. * 

Mr. Whiteside nominated Colonel Hugh Hanna, of Wabash county, 

Mr. Buskirk nominated Mr. Blank. 

Those who voted for Colonel Hugh Hanna were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, CuUen, Culver, Davis, Dunning, Dykes, Hyatt, 
Milligan, Niles, Noyes, Oyler, Peden, Richmond, Terry, Thompson, 
Van Buskirk, Ward, Woods, Wright, of the Senate, and 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burns, Cham- 
bers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregory of Montgomery, Gregory of Warren, Groves, Henricks, 
Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, Lock- 
hart, Major, Meredith, Miller of Tippecanoe, Montgomery, McVey, 
Newcomb, Olleman, Prather, Reese, Rhoades, Rice, Riford, Sabin, ' 
Shuey, Sim, Steward, Stiver, Stringer, Sullivan of Posey and Vander- 
burg, Trusler, Upson, Welch, ^Whiteside, Willis, Woodruff, Woods, 
Zeigler and Mr. Speaker, of the House — 81. 

Those who voted for Mr. Blank were, 

Messrs. Barker, Bowman, Cobb, Finch, Gifford, Hord, Mason, 
Moore, Staggs, Williams, of the Senate, and 

Messrs. Beckett, Buskirk, Croan, Glazebrook, Gregg, Hargrove, 
Harrison, Hunt, Lasselle, Lemon, Lopp, O'Brien, Osborn, Perigo, 
Richards, Roach, Shoaff of Allen, Shoaff of Jay, Spencer, Stenger, 
Stuckey, Sullivan of Scott and Thatcher, of the House — 33. 

Colonel Hugh Hannah, having received a majority of all the votes 
cast in the General Assembly, was declared duly elected by the 
President of the Joint Convention for the term prescribed by law, 

Mr. Chapman nominated Joseph E. Dodge of Kosciusko County. 



79 
Mr. Buskirk nominated Mr. Blank. ^ 

Those who voted for Colonel Dodge were, 

Messrs. Allison, Beeson, Bennett, Bonham, Brown of Hamilton, 
Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, 
Milligan, Niles, Noyes, Oyler, Peden, Richmond, Terry, Thompson, 
Van Buskirk, Ward, Wood and Wright, of the Senate; and 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burns, Cham- 
bers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, 
Lockhart, Major, Meredith, Miller of Tippecanoe, Montgomery, 
McVey, Newcomb, O'Brien, Olleman, Prather, Reese, Rhoads, Rice, 
Riford, Sabin, Shuey, Sim, Spencer, Steward, Stiver, Stringer, Sulli- 
van of Posey and Vanderburg, Trusler, Upson, Welch, Willis, 
Woodruff, Woods, Zeigler and Mr. Speaker, of the House of Repre- 
sentatives — 82. 



Those who voted for Mr. Blank were 



Messrs. Barker, Bowman, Co'bb, Finch, Jenkins, Moore, Staggs 
and Williams, of the Senate, and 

Messrs. Beckett, Bird, Burton, Burwell, Buskirk, Colover, Croan, 
Glazebrook, Gregg, Hargrove, Hunt, Lemon, Lopp, Osborn, Perigo, 
Richardson, Roach, Shoaff of Allen, Shoaff of Jay, Stringer, Stuckey, 
Sullivan of Scott and Thatcher, of the House of Representatives 
—31. 

Mr. Dodge having received a majority of all the votes cast, was 
declared by the President duly elected a Director of the Indiana 
State Prison North for the term of years prescribed by law. 

The object being accomplished for which the Joint Convention 
assembled, the President declared it adjourned sirie die. 

The Senate then retired to their chamber. 

On motion of Mr. Gregory of Warren, 

The House adjourned until to-morrow morning at 9 o'clock. 



80 



THUKSDAY MORNII^G, 9 o'clock, 
January 12, 1865. 



House met. 



The Speaker announced the Standing Committees of the House of 
Kepsesentatives as follows : 

On Elections. 

Messrs. Kilgore Griffith, Lasselle, Prather, Shuey, Newcomb and 
Bird. 

On Ways and Means, 

Messrs. Branham, Miller of Tippecanoe, Higgins, Buskirk, Cox, 
Sullivan of Posey and Vanderburg, and Dunham. 

On Judiciary, 

Messrs. Newcomb, Kilgore, Coffroth, Rice, Whiteside, Brown and 
Trusler. 

On Courts of Justice, 

Messrs. Miller of Tippecanoe, Gregory of Montgomery, Spencer, 
Johnson, Burwell, Church and Howard. 

On Banks. 

Messrs. Henricks, Cook, Bird, Miller of Tippecanoe, Miller of 
Clinton, Ferris and Puett. 

On Education. 

Messrs. Gregory of \Varren, Rhoads, Burton, Chambers, Olleman, 
Stucky and Glazebrook. 

On Swam'p Lands. 

Messrs. Church, Glazebrook, Riford, Collins, James, Crook and 
Shaffer. 

On State Prison South. 

Messrs. Groves, Stringer, Collins, Crook, Howard, Foulke and 
Colover. 



81 

On State Prison North. 

Messrs. Griffith, Upson, Shoaff of Jay, Higgins, ShoafF of Allen, 
Reese and Burwell. 

On Military Affairs. 

Messrs. Trussler, Cox, Milroy, Sim, Harrison, Prather and Perigo. 

On Claims. 

Messrs. Boyd, Henricks, Abbett, Groves, Emerson, Lockhart and 
Veach. 

On Trust Fund. 

Messrs. (Banta, Sabin, Harrison, Hershey, Hargrove, Johnson and 
Lopp. 

On Fees and Salaries, 

Messrs. Major, James, Humplireys, Branham, Thatcher-, Stiver 
and Patterson. 

On Sinking Fund, 

Messrs. Bonner, Gregory of Montgomery, Hunt, Major, Lemon, 
Zeigler and Sullivan of Scott. 

On Rights and Privileges of the Inhabitants of the State. 

Messrs. Burnes, Cook, Roach, Goodman, Richardson, Welch and 
Richards. 

On Railroads. 

Messrs. Lockhart, Wright, Coffroth, Kilgore, Sim, Shaffer and 
Shoaff of Jay. 

On Manufacturers and Commerce. 

Messrs. Wright, Upson, O'Brien, Lockhart, Richards, Cook and 
Lee. 

• On Public Printing. 

Messrs. Whiteside, Montgomery, Thatcher, Sabin, Osborn, Mere- 
dith and O'Brien. 

H. J.— 6 



82 

On Roads, 

Messrs. Stringer, Woodruff, Atkrason, Bonner,. Stenger, Willi&y 
and White. 

On County and Township Business. 

Messrs. Stiver, Atkinson, Miller of Clinton, Banta, Shoaff of AUen^' 
Riford and Patterson. 

On Agriculture. 

Messrs. Hogate, Reese, Milroy, Woods, Spencer, Olleman and' 
Bonner. 

On Benevolent and Scientific Institutnois. 

Messrs. Meredith, Griffith, Sullivan of Scott, Wright, Stuckey,. 
Cox and Beckett. 

On Temperance, 

IVIessrs. Shuey, Zeigler, Abbett, Montgomery, Stenger, Chambers 
and Lopp. 

On Mileage and Accounts. 

Messrs. Woods, Goodman, Croan,- Meredith, Gregg^ McYey and 
Lee. 

On Corporations. 
Messrs. James, Puett, Church, Buskirk, Welch, Foulke and Roach. 

On Canalk. 
Messrs. Rice, Hoover, Bird, Whiteside, Hunt, Hershey and Perigo. 

O71 Public Expenditures. 

Messrs. Higgins, Boyd, Hargrove, Henricks, Veach,- Branham 
and White. 

On Federal delations. 

Messrs. Prather, Gregory of Warren, Dunham, Newcomb, Sulli- 
van of Posey and Vanderburg, Brown and Coffroth. 



83 
On Affairs of the City of Indian apolir, 
Messrs. McVey, Hogate, Lemon, Banta, Col over, Ncwcomb an>l 



oan. 



(h, Engrossed Bills. 

Messrs. Chambers, Steward, Lasselle, Burnes, Burton, Willis and 
ckett. 

JOIN'T STANDING COM\irTTEES« 

On Enrolled Bills. 

\Iessrs. Rhoads, Humphreys and Montgomery. 

On State Library. 

Messrs. Steward, Rhoads, Greoro", 

On Canal Fund. 

Messrs. Woodruff, Hoover and Osborn. 

On Public Buildings. 

lessrs. Ferris, Emerson and Richardson. 

[r. Griffith moved to print 300 copies of the Standing Commit- 
and phxce upon the desks for the use of Members. 

[r. Buskirk moved to amend by printing with the same the Older 

Business. 

Lmendment and motion agreed to. 

.r. Newcomb offered the following resolution by unanimous con- 
of the House. 

'^solved, That a Special Committee of the House be appointed to 

•er with the State Librarian and procure rooms, within the Capi- 

for the use of the Committes and Clerks of the House, and if 

OS for such purpose cannot be procured within the Capitol, that 

i Committee be instructed to procure said rooms at some other 

le adjacent to the State House. 

'hich was adopted. 

|essrs. Newcomb, Buskirk and Lemon were appointed said Com- 
lee. 



84 

The Speaker announced the following 

ORDER OF BUSINESS. 

I. Reading of the Journal. 
II. Petitions, Memorials and Remonstrances. 
III. Reports of Standing Committees. 

1. On Elections. 

2. On Ways and Means. 

3. On Juaiciarj. 

4. On the Organization of Courts of Justice. 

5. On Banks. 

6. On Education. 

7. On the Affairs of the State Prison, North. 
8.. On the Affairs of the State Prison, South. 
9. On Swamp Lands. 

10. On Military Affairs. 

12. On Claims. 

12. On the Trust Funds. 

13. Cn Fees and Salaries. 

14. On the Sinking Fund. 

15. On the Rioihts and Privilea;es of the inhabitants of 

State. 

16. On Railroads. 

17. On Manufactures and Commerce. 

18. On Public Printing. 

19. On Roads, 

20. On County and Township Business. 

21. On Agriculture. 

22. On Benevolent and Scientific Institutions. 

23. On Temperance. 

24. On Mileage and Accounts. 

25. On Corporations. 

26. On Canals. 

27. On Public Expenditures. 

28. On Federal Relations. 

29. On the Affairs of the City of Indianapolis. 

30. On Engrossed Bills. 

IV. Report from Joint Standing Committees. 

1. On Enrolled Bills. 

2. On PubUc Buildings. 

3. On State Library. 

4. On Canal Fund. 

V. Reports from Select Committees. 
VI. Resolutions from the House. 



85 
yil. Joint Resolutions. 
VIII. Introduction of Bills. 
IX. Orders of the Day. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

Mr. Meredith presented a memorial from John P. Baird, of Vigo 
3unty, on the subject of printing Attorneys' briefs, with the 
upreme Court Reports. 

Which was referred to the Committee on the" Judiciary. 

Mr. Miller of Tippecanoe offered a petition from the city authori- 
es of the city of Lafayette, on the subject of extending the city 

mits. ' 
Which was referred to the Committee on Corporations. 

Mr. Brown asked and obtained leave of absence for Mr. Miller of 

llinton. 

Mr. Rice offered a petition authorizing the loan of County School 
unds, and for other purposes. 
AVhich was referred to the Committee on Education. 

RESOLUTIONS. 

The question pending when the House adjourned, on yesterday, 
pas on the motion of Mr. Higgins to lay on the table the resolution 
f Mr. Henricks. 

Mr. Higgins withdrew his motion. 

Mr. Henricks, withdrew that part of the resolution relating U> 
Statutes. 

Mr. Miller of Tippecanoe, demanded the previous question. 
Which was not seconded. 

Mr. Brown moved to lay the whole subject on the table. 

Messrs. Brown and Henricks demanded the ayes and noes. 

Those who voted in the affirmative were. 

Messrs. Abbett, Banta, Beckett, Bird, Bonner, Boyd, Brown, 
Burnes, Burton, Burwell, Buskirk, Chambers, Church, Coffroth, Col- 
lins, Colover, Cook, Croan, Dunham, Emerson, Ferris, Goodman, 
Glazebrook, Gregg, Gregory of Montgomery, Gregory of Warren, 



86 

I 

OrifBth, Hargrove, Harrison, Hershcy, Higgins, Howard, Hun 
phre^-s, Hunt, James, Kilgore, Lasselle, Lemon, Lopp, Meredith, Mi 
roy, Montgomery, O'Brien, Osborn, Patterson, Prather, Puett, BeeS' 
Rhoads, Rice, Richards, Richardson, Roach, Shoaff of Allen, Shoa 
of Jay, Shuey, Sim, Spencer, Steward, Stenger, Stivers, Stuckey, Su" 
livan of Scott, Thatcher, Trusler, Upson, Veach and Willis— 68.1 

Those who voted in the negative were, 

Messrs. Atkinson, Branham, Cox, Crook, Foulke, Groves, Henricb 
Hogate, Hoover, Johnson, Lockhart, Major, Miller of Tippecanoe 
McVey, New comb, Olleman, Perigo, Riford, and Stringer— 19. 

So the motion to lay on the table prevailed. 

Mr. Brown mov-ed to reconsider the vote just taken, and lav thi 
motion to reconsider on the table. ' *' 

Which was agreed to. 

^ Mr. Branham moved that when the House adjourn it be till i 
o'clock to-morrow. 
Which was agreed to. 

On motion, 
Mr. Stringer and Mr. Chambers were granted leave of absence. 

The Speaker announced the Joint Select Committee on the Expendi-i 
tures of the Executive Department, as follows : 

Messrs. Branham, Higgins, Humphreys, Boyd, and Shoaff of Jay. 

Mr. Higgins offered the following resolution : 

Resolved, That the Doorkeeper is hereby authorized to appoint two 
firemen to tend the furnaces. Also, one mail messenger, to carry the 
mail matter of the members of this House to and from the Post- 
office. 

Mr. Thatcher offered the following amendment: 

"That the mail matter of this House be delivered at the Post- 
office in time for the different mails of the day." 
W^hich was accepted. 

The resolution, as amended, was then adopted. 

Mr. Buskirk offered the following resolution : 

Whereas, The law for the government of the Asylum for the Deaf 



"87 

-and Dumb provides that no Trustee shall be allowed to furnis!i 
materials for building purposes, nor shall they be either directly or 
indirectly interested in the purchase of any articles of merchan- 
dise or supplies for the use of such institution; 

And whereas, Andrew Wallace has for several years been the 
President of the Boards of all the Benevolent and Scientific Insti- 
tutions, including the Asylum for the Deaf and Dumb; 

And whereas, The Annual Report of the Commissioners, Superin- 
tendent and Steward of the Indiana Hospital for the Insane, for 
the year 1864, shows that one Andrew Wallace has furnished to 
such institution about fifteen thousand dollars' worth of grooe^ 

ries-: Therefore, 

Resolved^ That the Committee on Benevolent and Scientific Insti- 
tutions be instructed to inquire and report whether the said Andrew 
Wallaoe, who furnished the said groceries, is the same person wh(j 
was and is the President of the said Boards, and that such Committee 
be further instructed to make a thorough and careful investigation 
into the management of all of said institutions, and ascertain and 
report whether any officer connected with either, or all of such insti- 
tutiona, has furnished any materials or supplies to said institutions ; 
and if any such officer has furnished such materials and supplies, to 
report the name of such officers and the institutions of which he is 
trustee or an officer, and the value of such materials and supplies, 
with such recommendation as may be deemed right and proper under 
all the facts and circumstances; and that such committee shall have 
power t<5 send for persons and papers and examine witnesses under 
oath. 

Mr. Newcomb offered the followinor amendment : 

And that said Andrew Wallace shall have the right to be present 
at such investigation, and introduce evidence, if he desires so to do. 
Which was accepted by Mr. Buskirk. 

The resolution was (Sien adopted. 

Mr. Puett offered the following resolution : 

Whereas: Under the present Constitution of Indiana the brave men 
now in the field are deprived of the privilege of voting ; And 

Whereas : The mode of amending the Constitution provided in the 
instrument itself is so slow and uncertain in its operations ; And 

Whereas : There are other amendments desirable, as indicated by 
former votes of the Legislature of Indiana; but which have failed 
to be made, not because of popular opposition, but because of the 
inherent difficulties of ithe mode prescribed ; therefore, 



88- 

Resolved, That the Committee on the Judiciary be instructed tc 
prepare and report at an early day, a» bill which shall provide, in sub- 
stance, as follows : 

The qualified voters of the State- may, on the first Monday in 
April, 1865, elect one Delegate in each Senatorial District in this 
State to a Convention for revising and amending the Constitution of 
the State. 

2d, That Delegates so elected shall meet at the Capitol on the 
first Monday in May, 1865, and proceed to the work assigned them. 

3d. The Constitution so amended shall be submitted to a special 
vote of the people on the first Monday in August, 1865. 

4th. If a majority of the voters of the State shall agree to adopt 
it as the Constitution of the State, in lieu of the present Constitu- 
tion, then the Governor shall issue proclamation to that effect on the- 
first Monday in September, and it shall go immediately into opera- 
tion a& such. 

Mr«. Brown offered the following amendment : 

Amend by making it one of inquiry to the Judiciary Committee. 
Which was accepted. 

The resolution was then referred to the Judiciary Committee. - 

Mr. McVey moved that the House now adjourn. 
Which was. agreed to. 



SATURDAY AFTERNOON, 2. o'clock, > 
January 13th, 1865. /^ 



Hi)use met. 



The Clerk proceeded to read the Journal, 
When, 

On motion of Mr. Higgins, 

The further reading of the Joui*nal w<is dispensed with. 



89> , 

Message- from the. Senate by Mr Whittlesey, their Seci'etary.- 
Ir. Speaker : 

I am directed by the Senate to inform the House ofRepresenta- 
ives that the Senate has passed the following Engrossed Bills 
liereof : 

Engrossed Senate- bill No. 0. A bill to amend an act, entitled, 
An Act to amend section 7 of an act entitled, 'An Act to fix the 
imes for holding the Common Pleas Courts in the several counties of 
lis State^ the duration of the terms thereof, and making all process 
-om the present Common Pleas- Court returnable to such terms, and 
.eclaring. when this act shall take effect, and repealing all laws incon- 
fetent therewith, approved Ma^rch 5th, 1859,'' &o as to change the 
ime of holding said Court in Jackson and Bai-tholomew counties, 
nd declaring when this act shall take effect, a.pproved March 9th, 
861," so as to change the time of holding said Court in Jennings 
nd Bartholomew counties, extending the time for holding said Court 
lerein, requiring all persons to take notice thereof, providing for 
le return, of process, and. declaring when this aet shall take effect. 

Engrossed Senate bill No. 29. A bill to authorfze the Bank of 
le State of Indiana to reduce the Capital Stock, of a Branch or 
Tranches of said Bank, and to close up the business of a Branch or 
branches of said Bank, under certain regulations ; and" amendatory 
f sections 68, 62 and 74 of an act establishing a Bank witb 
branches,, passed March 3d,. 1855. 

In which the concurrence of the House of Representatives is^ 
espectfully requested. 

Mr. Thatcher asked leave of absence for Mr. Whiteside until Tiies- 
lay morning. 
Which was granted. 

Mr. Wright of Jefferson asked and obtained leave to introduce, 

House bill No. 15. An act relating, to Corporations for mechani-- 
:al, manufacturing, mining and quarrying purposes. 
>Yhich was read a. first time and passed to a second i?eading. 

Mr. Wright moved to suspend the rules and pass the bill a second 
ime now. 
"\Miich was not agreed to. 

Mr. Kilgore offered the following resolution : 

Resolved, That the- Committee on Elections, to whom has been, or 



90 



i 



hereafter may be, referred cases of contested election seats in this 
House, be and it is hereby empowered to send for and enforce the 
attendance of any and all persons whose testimony it may deem nec- 
essary to have in order to the deteimination of such cases, and also, 
that it be empowered to demand and have furnished any records, or 
other papers, which it may deem necessary to require in such inves- 
tigation. 

By consent of Mr. Kilgore, Mr. Buskirk offered the following 
, amendment: ^ 

And if any witness shall be unable from sickness or any other 
oause to appear personally ^^efore such committee, the contestant or 
the contestee, may take the depositions of such witness or witnesses, 
and such depositions when so taken shall have the same force and 
effect as if such witness had been examined personally before such 
committee. 

The resolution, as amended was then adopted. 

^ Messrs. Stringer, Olleman, and Miller, were granted leave of 
absence till Wednesday n^xt. Messrs. Stuckey, and Upson, till Tues- 
day next, and Mr. Crane till Monday next. 

Mr. Kilgore moved to reconsider the vote by which his resolution 
referring to contested elections was adopted. | 

Which was agreed to. J 

Mr. Newcomb offered the following amendm-ent to tlie amendment 
of Mr. Buskirk. 

Within such time as miy be ordered by the committee and upon 
reasonable notice to the opposite party. 
Which was adopted. 

Mr. Higgins moved to strike out the words where they occur in 
the resolution. " or any other cause " which was taken by consent. 
The resolution as amended was then adopted. 

' SENATE BILLS. 

Senate bill No. 3, was read a first time aad passed to a second 
reading. 

Mr. Trusler moved to suspend the rules and read the bill a sec- 
ond time now. 

Those who voted in the affirmative were, 
Messrs. Atkinson, Bejita, Bonner^ Boyd, Burns, Church, -Colover, 



• 91 

Cook, Emerson, Ferris, Goodman, Gregg, Gregory of "Warren, 
Griffith, Groves, Harrison, Higgins, Hogate, Hoover, James, Johnson, 
Kilgore, Lasselle, Lockhart, Major, Miller of Clinton, ]\Iiller of Tip- 
pecanoe, Milroy, Montgomery, McVey, Newcomb, O'Brien, Osborn, 
Prather, Reese, Richardson, Riford, Roach, Sabin, Shoaff of Allen, 
Shoaff of Jay, Shuey, Sim, Steward, Stenger, Stiver, Sti-inger, 
Thatcher, Trusler, Veach, Welch, White, Wright, Zeigler and Mr. 
Speaker — 55. 

Those who voted in the negative were, 

Messrs. Beckett, Burton, Crook, Dunham, Foulke, Glazebrook, 
Gregory of Montgomery, Harrison, Henricks, Howard, Humphreys, 
Hunt, Lemon, Lopp, Meredith, Patterson, Perigo, Bhoads, Rice, 
Richards, Sullivan of Scott, Woodruff, and Woods — 23. 

A vote being taken on the suspension of the rules, fifty-five mem- 
bers voted in the arlirmative and twenty-three members in the nega- 
tive, in all making seventy-eight members. 

The Speaker decided the rules to be suspended and Mr. Buskirk 
raised the following point of order : 

That there not being two thirds of one hundred members present 
there was no suspension. 

Whereupon the Speaker decided that two thirds of the members, 
present, if the same amounted to a quorum, was sufficient to suspend 
the rules. 

Mr. Buskirk appealed from the decision of the Chair. 

Mr. Trusler then withdrew his motion to suspend the rules. 

Mr. Buskirk then withcV tj his appeal from the decision of the 

^r f 

Senate engrossed bill No. 3, then passed to a second rei iing. 

Senate bill No. 13 read a first time and passed to a second reading. 

Senate bill No. 6 was read a first time and passed to a second 
reading. ^ 

Senate bill No. 29 was read a first time and passed to a second 
reading. 

By unanimous consent, 

Mr. Groves presented the following : 

A petition of sundry citizens of Tell City, Perry county, Indiana, 



Chair. 



92 t 

asking that a law be passed authorizing the Board of Trustees of said 
town to construct a street raih'oad for the transportation of coal to 
the Ohio River. 

Mr. Harrison moved that when the House adjourn, it be till 2 
o'clock- P. M. Monday. 
Which was agreed to. 

By unanimous consent, 

Mr. Woods offered the following resolution : 

Resolved^ That the Committee on Education be respectfully 
requested to consider the propriety of prohibiting, by law, County 
Boards investing unloaned Common School Funds in Bonds of the 
county owning such funds, and report by bill or otherwise. 

Which was adopted. 
Mr. Emerson introduced 

House bill No. 15. An act authorizing Supervisors of roads to 
remove fences standing near public highways on streams and water 
courses, and to turn public roads and highways on water courses 
to the rear of buildings, where such buildings stand too near the 
streams to give room for said roads or highways, and assess dam- 
ages for losses occasioned thereby. 

Which was read a first time, and passed to a second reading. 

Messrs. Roach, Woodruff and Trusler were granted leave of 
absence till Monday. 

] 
House bill No. 1 was read a second ae and referred to the Com- 
mittee ' n Fees and Salaries. 

v 

House bill No. 2 was read a second time and referred to the Com- 
mittee on Fees and Salaries. 

t 

House bill No. 4 was read a second time and referred to the Com- 
mittee on Fees and Salaries. 

House Bill No. 5 was read a second time and referred to the Com- 
mittee on the Judiciary. 

By unanimous consent, 

Mr. Gregory of Warren offered the following resolution : 

Resolved, That a select committee of three be appointed to inquire 



into the probable cost of procuring the copyright of the last edition 
of Gavin & Herd's Statutes and the publication of a suflEicient number 
thereof by authority of law, to supply the wants of the State, and 
also the probable cost of a new revision of the Statutes of the State 
and the publication thereof, and that they report the result of their 
investigation to this House. 

Which was adopted. 

Mr. Miller of Tippecanoe oifered the following resolution : 

Resolved^ That the Auditor of State be and he is hereby instructed 
to furnish the House with the amount of orders drawn by him on the 
Treasurer of State for State Printing ; also, the amount of orders 
drawn in favor of the Agent of State, and the authority for drawing 
the same, for the years 1863 and 1864. 

Which was adopted. 

Mr. Prather offered the following resolution : 

Resolved, That the Committee on Benevolent Institutions b« 
instructed to inquire into the expediency of establishing by law a 
house or institution for the correction of juvenile offenders, and 
report by bill or otherwise. 

Which was adopted. 

By unanimous consent, 

Mr. Newcomb offered the following petition: , 

A memorial of Samuel H. Patterson, former lessee of the Indiana 
State Prison South, in reference to the labor of convicts of said State 
Prison, for the full term of ten years, from and after the 15th day 
of June, 1846, &c. 

Which was referred to the Committee on Claims. 

'4 

By unanimous consent, Mr. Harrison offered the following resolu- 
tion: 

Resolved, That the Committee on Fees and Salaries be instructed 
to examine the laws fixing the Fees and Salaries of all State, county, 
township and other ofiicers, receiving pay from State or county funds, 
and if, in their opinion, any of said fees or salaries are too low, that 
they be instructed to report a bill making the necessary increase. 

Which was adopted. 

By unanimous consent, Mr. Wright offered the following resolution : 



94 

Whereas, The Christian Commission of this City has its Agents 
with the Army, and the soldiers "will be more likely to receive the 
papers through this channel, than any other : Therefore, 

Resolved, That the Doorkeeper be and he is hereby instructed to 
turn over all the newspapers contracted by him, under a resolution 
of this House, No. 16, to the Christian Commission of this City for 
the benefit of the soldiers. 

Mr. Dunham moved to lay the resolution on the table. 

The question being on the motion to lay on the table, 

Messrs. Henricks and Wright demanded the ayes and noes. - 

Those who voted in the affirmative were, 

Messrs. Atkinson, Banta, Beckett, Boyd, Burton, Church, Colover, 
Cook, Cox, Crook, Dunham, Emerson, Ferris, Goodman, Glazebrook, 
Gregg, Gregory of Warren, Griffith, Groves, Hargrove, Harrison^ 
Higgins, Hoover, Humphreys, James, Kilgore, Lasselle, Lemon, 
Lopp, Major, Miller of Clinton, Montgomery, McVey, O'Brien, Os- 
born, Patterson, Perigo, Prather, Reese, Rhoads, Richards, Richard- 
son, Roach, Shoaff of Allen, Shoafi" of Jay, Shuey, Scringer, Sulli- 
van of Scott, Trusler, Upson, Veach, Welch, White and Woods. — 54. 

Those who voted in the negative were, 

Messrs. Bonner, Burnes, Foulke, Gregory of Montgomery, Hen- 
ricks, Hogate, Hunt, Johnson, Lockhart, Meredith, Miller of Tippe- 
canoe, Rice, Riford, Sabin, Sim, Woodruff and Wright. — 19. 

House bill No. 6, was read tlie second time and referred to the 
Committee on Education. 

Mr. Buskirk was granted leave of absence till Monday. 

Mr. Branham moved that the Committee on Ways and Means, 
Committee on Claims, and Committee on Public Expenditures be 
authorized to employ sufficient clerical force for theii use. 

Mr. Dunham moved to amend, by giving said committees one clerk 
each. 

Mr. Rhoads moved to amend amendment by striking out one and 
inserting two. 

Which amendment was lost. 



I 



95 



The question recurring on the amendment of Mr. Dimham 
The same was lost. ^ / 

The question recurring on the- adoption of the motion. 
It was agreed to. 

On motion, 
, Ths- House adjourned till MoiAy 2 o'clock, P. M. 



MONDAY AFTERNOO N, 2 o'clock, > 
January 16th, 1865. f 

House metr ^ 

Journal read and approved. 

The Speaker laid before the House the following communication 
from the State Debt Sinking Fund Commissioners : 

Speaker of the Hoicse of the House of Representatives ; 

Sir r— We herewith send you the Report of the State Debt Sink- 
ing Fund Commissioners, which by law we are required to make to 
the General Assembly. You will please lay the same before the 
honorable body over which you have the honor to preside. 
Your obedient servants, 

M. L. BRETT, 

rJ. RISTINE, 
Commissioners. 

The Speaker laid before the House trbe following communication 
from the State Librarian : 

State Library, January 3d, 1865. 
To the Hon. Jno. U. Pettit, 

Speaker of House of Representatives : 

Please present to the House of Representatives the following 
Report of the State Librarian, and oblige 

Yours truly, 

DAVID STEVENSON, 

State Librarian. 



'96 

^Senate bill No. 3 was read a second time. 

Mr. Trusler moved to refer the bill to a select committee of thrm' 

'Mr. Abbett offered the following amendment : 

To amend by inserting after the the word issued on page 1, line ^ 
as follows, to-wit : *'by the Board of Commissioners, or any ager 
duly authorized and appointed by them.'' 

And to amend further by inserting after the word " purpose," o 
page 2, line 24, the following, to-wit : *' and in the manner." 

Mr. Boyd offered the following amendment : 

Amend by adding rafter the word "kgalize," in the 16th line, tb 
:followin 



g: 



Provided always, That the volunteers or substitutes procured c 
furnished by such appropriations of Cocinty Boards shall have bee 
•equally apportioned and accredited j9r(? rata to the several .townshij; 
<3omposiHg the county where such appropriations shall "have bee 
made. 

■.1 

Mr. Steward offered the following amendment : 

That all bonds (or orders) issued, or appropriations (or orders 1 
be issued) made, (or ordered) by the Board of Commissioners of th 
several. counties of the State, incorporated cities, towns, township 
&c., for the purpose of procuring or furnishing volunteers, drafte 
men and substitutes for the ^my and navy of the United States, ^c 
and for maintaining the families of volunteers, soldiers, substitute 
and drafted men, or otherwise to aid the Government, or for repaj 
ing any monies furnished or appropriated for any of the above name 
purposes, be and the same is hereby legalized. That any levy an 
assessment for taxes made (or hereafter made) by any Board ( 
Commissioners of the State, or incorporated cities, towns and towr 
ships to procure means to pay any appropriations by them made, c 
orders, or bonds issued for the purposes in the foregoing sectio 
enumerated, be legalized, &c. And whereas, an emergency exist 
&C., that the same be in force after the same has been published 
the Indiana Journal, -&<5, 

Mr. Meredith mov^d to refer to the Committee on Wa^ys an 
Means, 

Mr. Branham moved that th-e bill and amendments be referred t 
'the Committee on the Judiciary. 
Which was agreed to. . 



97 

Senate bill No. 13 was read a second time. 

Mr. Branham moved to refer to the Committee on the Judiciary. 
Which was agreed to. 

Senate bill No. 6 was read a second time. 

Mr. Prather moved to refer to the Committee on the Organization 
of Courts. 

Which was agreed to. 

Senate bill No. 29 was read a second time. 

Mr. Sullivan moved to refer the bill to the Committee on Banks. 
Which was agreed to. 

House bill No. 8 was read a second time. 

Mr. Burnes moved to refer the bill to the Committee on Agricul- 
ture. 

Mr. Sullivan moved to refer to the Committee on Bights and Priv- 
ileges of the Inhabitants of the State. 

Mr. Wood moved to refer to the Committee on the Judiciary. 
Which was agreed to, and the bill was so referred. 

House bill No. 9 was read a second time. 

Mr. Groves moved to refer the bill to the Commmitte on Rail- 
roads. 

Which was agreed to. 

The Speaker laid before the House the following communication 
from the Superintendent of the Institute for the Education of the 
Blind : 

Indiana Institute for the Education of the Blind. ] 

January 16th, 1865. j 

Hon. John U. Pettit, 

Speaker of the House : 

I have the honor to transmit herewith a copy of the Eighteenth 
Annual Report of this Institution. 

Very respectfully, 

W, H. CHURCHMAN, 

Superintendent. ■ 
H. J.--7. 



98 

Which, 

On motion by Mr. Branham, 
Was referred to the Committee on Benevolent and Scientific 
Institutions. 

Mr. Griffith offered the following : 

The members of the House of Representatives in the city having 
learned that the lion Nelson G. Shaffer, Representative from the 
county of Fulton, had departed this life on last evening; an informal 
meeting of the House was held to make proper arrangements for 
the funeral of the deceased. 

On motion by Mr. Boyd, Mr. Higgins of Laporte was appointed 
Chairman, and F. P. Griffith of Lagrange, Secretary. 

On motion of Mr. Beckett, the following gentlemen were appointed 
by the chair, Committee on Resolutions, viz; 

Messrs. Beckett, Boyd, Glazebrook, James and Shoaff of Jay. 
, Mr. Beckett, from said Committee, made the following report: 

Whereas, It has pleased Almighty God to take from among us the 
Hon. Nelson G. Shaffer, late member of this House from the counts 
of Fulton; therefore. 

Resolved, That the m-embers and officers of the House will form ii^ 
procession at the Bates House, at 11:45 A. M., of this day, and from 
thence attend the corpse to the Union Depot. 

Resolved, That His Excellency, the Governor, the Judges of the 
Supreme Court, and other officers of the State be invited to unite in 
the procession, and that joint participation on the part of the Senate 
be requested. 

Resolved, That the Chairman of the meeting be directed to appoint 
two members of the House of Representatives to accompany the 
remains of our departed friend to his late residence in Fulton county,. 

A. J. BECKETT, ^ 

SAM'L SHOAFF, 

LOYD GLAZEBROOK, } Commitiee. 

HENLY JAMES, 

ROBERT BOYD, J 

In accoi-dance with the report of the committee, Messrs. Milrov 
and Glazebrook were appointed a committee to accompany the 
remains of the deceased to his late residence. 



99 

On motion by Mr. Boyd, a Committee of Arrangements was 
appointed, consisting of Messrs. Collins, Boyd and Slioaff of Jay. 

On motion by Mr. Collins, it was 

Ordered^ That the daily papers of this city be requested to pub- 
lish the proceedings of this meeting. 

On motion by Mr. Boyd, Messrs. Beckett and Griffith were 
appointed a committee to report the proceedings of this meeting to 
the House when convened in regular session. 

On motion, the meeting adjourned. 

W. J. HIGGINS, Chairman. 
F. P. GRIFFITH, Secretary. 

Mr. Puett offered the following resolutions : 

Resolved, That the House has learned, with sensibility, the melan- 
choly intelligence of the death of the Honorable Nelson G. Shaffer, 
late a member of this House, and that we recognize, in this dispen- 
sation of Providence, a renewed admonition of the uncertainty of 
life, and of our responsibility for the faithful discharge of our duticv? 
to God and our country. 

Resolvedy That we tender to the family of the deceased our sin- 
cere sympathy, in their afflictive bereavement. 

Resolved, That the Speaker be requested to forward a copy of 
these resolutions to the family of the deceased. 

Which, 

On motion, 
Was adopted. 

Mr. Collins moved that the proceedings of the informal meeting 
be made the action of the House and placed upon the Journal, with 
the resolution of Mr. Puett. 

Which was agreed to. 

Mr. Meredith asked leave of absence for the Committee on Scien- 
tific and Benevolent Institutions, till to-morrow. 
Which was granted. 

Mr. Humphreys was granted leave of absence^ on account of sick- 
ness. 



100 

Mr. Shoaff of Jay offered the following resolution : 

Resolved, That, as a further token of respect to the deceased, this 
House do now adjourn. 

Which was agreed to. 

And the House adjourned until to-morrow morning, 9 o'clock. 



TUESDAY MORNING, 9 o'clock, \ 
January 17th, 1865. j 

The House met. 

Journal read and approved. 

PETITIONS. 

Mr. Crook offered the following petition, 

Calling the attention of the General Assembly " to the ravages of 
intemperance in our midst, growing out of legalized tippling houses,'* 
and praying for the enactment of " a law which shall wholly sup- 
press places of public drinking.'^ 

Which, 

On motion by Mr. Crook, 

Was referred to the Committee on Temperance. 

Mr. Higgins offered the following : 

A petition in behalf of the citizens of Michigan City, in reference 
to levying and collecting taxes for the purpose of paying bounties 
to volunteers, &c., &c. 

Mr. Higgins moved to refer to Committee on the Judiciary, 

Which was agreed to. 

Mr. Higgins offered the following : 

A petition in behalf of the citizens of Springfield township, 
Laporte county, Indiana, in reference to the levying and collection of 
taxes, to raise money to pay volunteers, &c., &c. 

Mr. Higgins moved to refer to Committee on the Judiciary. 

Which was agreed to. 



101 

Mr. Henricks offered the folloYring : 

A petition in behalf of the citizens of St. Joseph county, calling 
the attention of the General Assemby to their proposition to continue 
their Brevier Legislative Reports of the Journals, Proceedings and 
Debates of both Houses of the General Assembly of the State of 
Indiana, being the 7th volume of the series now in press, with cor- 
rections and emendations from the columns of the Indianapolis Jour- 
nal. 

Which, 

On motion by Mr. Henricks, 

Was referred to a special committee of three. 

By Mr. Prather : 

A memorial from the Western Yearly Meeting of Friends, praying 
for the repeal of all constitutional and State laws which divest 
negroes and mulattoes of their natural rights, and which impair their 
evidence in courts of justice. 

Which, 

On motion of Mr. Prather, 

Was referred to the Committee on Rights and Privileges of the 
Inhabitants of the State. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Henricks, from the Committee on Banks : 

Mr. Speaker: 

The Committee on Banks, to whom was referred Senate Bill No. 
29, " A billjto authorize the Bank of the State of Indiana to reduce 
the capital of a Branch or Branches of said Bank, under certain 
regulations, and amendatory of sections 68, 62 and 74 of an act enti- 
tled ' an act to establish a Bank with Branches,' passed March 3d, 
1855, have had the same under consideration, and have directed me 
to report the same back to the House and recommend its passage. 

Mr. Henricks moved the third reading of the bill. 
Which was agreed to. 

So the bill was read a third time. 

The question being shall the bill pass : 

By consent of Mr. Henricks, 

The bill was passed over, and made the special order for to-mor- 
row. 



102 

The Speaker laid before the House a memorial from the Friends' 
Yearly Meeting. 

Which, 

On motion by Mr. Puett, 

Was referred to the Committee on Rights and Privileges of the 
Inhabitants of the State. 

Mr. Rhoads, Chairman on the Committee on Enrolled Bills, made 
the following report : 

Mr. Speaker : 

The Joint Committee on Enrolled Bills have examined House bill 
No. 3, and instruct me to report that the same is properly enrolled. 

Mr. Miller of Tippecanoe offered the following : 

Joint Resolution No. G. Be it resolved hy the House of Represeyi- 
faiives and Senate of the State of Indiana, That our Senators are 
hereby instructed, and our Representatives in Congress requested, to 
vote for an amendment to the Constitution of the United States, 
forever prohibiting slavery or involuntary servitude, except for crime 
whereof the party has been duly convicted. 

Which was read a first time and passed to a second reading. 

Mr. Ferris introduced 

House bill No. 16. An act to amend sections 6, 18, 22, 26, 29 
and 30 of an act entitled " an act regulating general elections, and 
prescribing the duties of officers in relation thereto,'' approved June 
7th, 1852, and to repeal all laws inconsistent therewith, and declaring 
when this act shall take effect. 

Which was read a first time, and passed to a second reading. 

Mr. Branham introduced 

House bill No. 17. An act making an appropriation to repay 
Messrs. Winslow, Lanier & Co. the amount advanced by them in 
payment of the interest on the public debt of this State since the 
adjournment of the last General Assembly, and to compensate them 
therefor, and directing the manner in which such payment shall be 
made. 

Which was read a first time and passed to a second reading. 

Mr. Whiteside introduced 

House bill No. 18. A bill to provide for publication of notice to, 
or service of, summons on non-residents on complaint for new trial. 
Which was read a first time and passed to a second readino'. 



103 



Mr. Higgins introduced 



Joint resolution No. 7. A joint resolution instructing our Sena- 
tors and requesting our Representatives in Congress to obtain an 
appropriation for the improvement of the harbor at Michigan City. 

Whereas, The State of Indiana has no port of entry in the North 
upon the great lakes touching her Northern boundary: 

And Whereas, The North is conceded by all to be the great natural 
outlet for her cereals and numerous abundant productions, there- 
fore : *' 

Be it Resolved hy the General Assembly of the State of Indiana, 
That our Senators in Congress be instructed and our Representatives 
be requested to use all proper means to procure the passage of an 
act granting an appropriation for the completion of the harbor at 
Michigan City. 

That his Excellency the Governor be requested to transmit a copy 
of these resolutions to each of our Senators and Representatives in 
the Conf;ress of the United States. 

Which was read a first time and passed to a second reading. 

Mr. Newcomb introduced 

House bill No. 19. An act to amend an act entitled " An Act in 
relation to witnesses, and to repeal Sec. 238 of Article 13, of the 
act entitled an act to revise, simplify and abridge the rules, practice, 
pleadings and forms, in civil cases in the courts of this State, to abol- 
ish distinct forms of action at law and to provide for the administra- 
tion of justice in a uniform mode of pleading and practice, without 
distinction between law and eqmty," approved June 18th, 1852, and 
to repeal all laws inconsistent therewith, and providing when the act 
shall take effect and be in force, which took effect, and went into 
force March 17th, 1861. 

Which, was read a first time and passed to a second reading. 

Mr. Hogate introduced 

House bill No. 20. An act for the encouragement of Agriculture, 
authorizing the Indiana State Board of Agriculture, to purchase, 
hold and sell real estate, legalizing the purchase by said Board, of 
certain lands in Marion county, exempting the property of said 
Board from taxation, authorizing the county Treasurer of Marion 
county to refund certain taxes, and making an annual appropriation 
for the use of said Board &c. 

Which was read a first time and passed to a second reading. 



104 ' 

Mr. Harrison introduced 

House Bill No. 'Zl. A bill to amend the twenty-second section of 
an act, entitled, "An Act defining misdemeanors and prescribing 
punishment therefor," approved June 14,cl852. 

Which was read a first time and passed to a second reading. 

Mr. Woods of Lake introduced 

House Bill No. 22. An act to legalize the sales of certain school 
lands in Lake county. 

Which was read a first time and passed to a second reading, 

Mr. Collins introduced 

House Bill No. 23. An act, entitled, ^-An Act to provide by 
law for draining and ditching low", wet and overflowed lands in the 
State of Indiana." 

Which was read a first time and passed to a second reading. 

Mr. Rhoads introduced 

House Bill No. 24. A bill to create the Indiana Institution of 
Agriculture and the Mechanic Arts, &c., &c. 

Which was read the first time and passed to a second reading. 

Mr. Foulke introduced 

House Bill No. 25. An act to repeal an act, entitled, "^An Act 
to prohibit the evidence of Indians and persons having one-eighth or 
more of negro blood, in all cases where white persons are parties in 
interest," &c., approved February 14, 1853. 

Read a first time and passed to a second reading. 

Mr. Hin-frins introduced 



'oto 



Joint Resolution No. 8. A joint resolution providing for the 
removal of John Blissford, now an inmate of the Northern State 
Prison, to the hospital for the insane, until he recovers his reason. 

Whereas, In January, 1864, at the Allen county Circuit Court, John 
Blissford was convicted of the crime of rape, and sentenced to the 
Northern State Prison, at Michigan City, for the term of twenty- 
one years ; and 

Whereas, In pursuance of said sentence, the said Blissford was 
committed to said Prison, and that in the month of April followino- 
said commitment, the said Blissford became insane and has con- 
tinued so up to the present time ; therefore. 



105 

Be it Resolved hy the General Assembly of the State of Indiana, 
That the Warden of the Northern State Prison cause the said John 
Blissford to be conveyed to the Hospital for the Insane, at Indianapo- 
lis, and that it be ihe duty of the Superintendent of said Hospital to 
receive the said John Blissford into said Institution and keep him 
until he shall recover his reason or be discharged according to law. 

Which was read a first time and passed to a second reading. 

Mr. Montgomery offered the following resolution : 

Resolved, That the Committee on Roads be requested to enquire 
into the expediency of changing the Road Law, so as to have all the 
work done in the early part of the season, also to enquire into the 
expediency of amending said Law, so that Supervisors may collect 
more than one dollar per day for failure to work the road, and allow- 
ing Supervisors to pay more than seventy-five cents per day for work 
done on the road. 

Which, 

On motion by Mr, Montgomery, 
Was referred to the Committee on Roads. 

Mr. Shoaif of Allen offered the following resolution : 

Whereas, There is no settled rule established, as yet, in reference 
to the suspension of the Rule by a two- thirds vote, so as to author- 
ize the reading of a bill more than once upon the same day ; there- 
fore, 

Resolved, That the Committee on the Judiciary be and are hereby 
instructed to investigate and report, at their earliest convenience, 
setting forth their reasons from which they arrive at a conclusion, as 
to whether the two-thirds vote, as required by the Constitution, 
means two-thirds of all the members elected to the House, or only 
two-thirds of a quorum or of the members present. 

My. Whiteside moved to amend so as to read as follows : 

That the Committee on the Judiciary be also instructed to enquire 
whether it requires two separate motions, or only one to suspend the 
Constitutional Rale requiring a bill to be read on three separate 
days, and, also, by sections instead of by its title. 

Which was agreed to. 

The resolution, as amended, was then adopted. * 

Mr. Woodrufi" introduced 

House bill No. 26. An act to amend section 27 of an act, 
entitled, ''An Act to provide for a general system of Common 



106 

Schools, the officers thereof, and their respective powers and duties, 
and matters properly connected therewith, and to establish Town- 
ship Libraries, and for the regulation thereof," approved March 5 
1855. 

Which was read a first time and passed to a second readino-. 
Mr. Whiteside offered the following resolution : 

Be it Resolved hy the IIdU%e of Representatives, That the Committee 
of Ways and Means be instructed to inquire into the expediency of 
providing by law an exemption from the payment of poll tax of all 
persons who have been, are now, and shall ^be in the military service 
of the United States, for the term of the active service of such per- 
sons. 

Which, on motion, was adopted. 
Mr. Thatcher introduced 

Joint Resolution No. 9. Resolved hy the House, the Senate con- 
curring, That our Senators and Representatives in Congress be 
requested to use their influence in having a reduction, or to abolish 
the duty on imported printing paper. 

Resolved, That a certified copy of the foregoing resolution, on the 
passage thereof, be sent to each Senator and Representative from 
this State. 

Which was read a first time and passed to a second readincr 
Mr. Iliggins introduced 

House bill No. 27. An act to legalize the acknowledgments of 
al deeds mortgages and other instruments required to be recorded 
taken and certified by Notaries Public who took and certified such 
acknowledgments after the expiration of their commissions. 

Which was read a first time, and passed to a second readincr. 

Mr. Gregory of Warren introduced 

House bill No. 28. An act to exempt soldiers in the seryce of 
the United States from the payment of a poll tax 

Which was read a first time and passed to a second readincr 
Mr. Woods introduced. 

^_ House bill No. 29. An act to amend section 15 of an act entitled, 
fenies ''°""'''"'"S '^closures, trespassing animals and partition 

Which was read a first time and passed to a second reading. 

Mr. Reese introduced 

House bill No 80 A bill requiring Railroad Companies to furnish 
ransportation for fre>ght to persons wishing to ship live stock or 



107 

other freight over their roads, and requiring such roads to charge ;i 
uniform rate therefor. 

Which was read a first time and passed to a second reading. 

Mr. Bonner offered the following resolution : 

Resolved, That the Committee on Corporations be instructed to 
inquire -whether there is any general law by which a town or city 
divided by county lines may incorporate, and if not, to report by bill 
or otherwise in favor of such an act. 

Which, 

On motion by Mr. Bonner, 
Was referred to the^ Committee on Corporations. 

Mr. Burnes introduced 

House bill No. 31. An act to amend section 1 of an act entitled, 
"An act to exempt from sale in certain cases," approved February 17. 
1852. 

Which was read a first time and passed to a second reading. 

Mr. Newcomb introduced * 

House bill No. 32. An act to provide for taking the depositions, 
affidavits and acknowledgments of persons in the military or naval 
service of the United States. 

Which was read a a first time and passed to a second reading. 

Mr. Harrison introduced 

House bill No. 33. A bill to amend the eighth section of an act 
entitled '• an act to regulate and license the sale of spirituous, vinous, 
malt and other intoxicating liquors ; to prohibit the adulteration of 
liquors ; to repeal all former laws contravening the provisions of this 
act, and prescribing penalties for violation thereof," approved March 
5th, 1859. 

Read a first time and passed to a second reading. 

Mr. Reese offered the following resolution : 

Resolved, That a select committee of five be appointed on Consti- 
tutional amendments, to whom shall be referred all propositions for 
amending the Constitution of the State of Indiana. 

Which, on motion, was adopted. 

Mr. Emerson offered the following resolution : 

Whereas, section 82 of the Common School law of the State of 
Indiana provides that county officers having charge of Common 



108 

School funds shall not loan more than three hundred dollars to one 
man or company ; 

And whereas, it is found impossible to keep the said fund at interest 
under this restriction; and it being the opinion of the said county 
officers that the said fund could easily be kept on interest, with 
unquestionable security, if the said restriction was removed ; there- 
fore. 

Resolved^ That the Committee on County and Township Business 
be instructed to inquire into the expediency of repealing or amendintr 
the said section of the said law, and report to the House the result 
of their deliberations. 

^ Mr. Emerson moved to refer the resolution to the Committee on 
County and Township Business. ^ 

Mr. Newcomb offered the following amendment: 

'' And that said Committee further inquire into the expediency of 
providing for the investment of such funds in the public debt of this 
State." 

Which was agreed to. 

The resolution, as amended, was then referred to the Committee on 
< ounty and Township Business. 

Mr. Hogate offered the following resolution : 

Resolved, That the State Librarian be authorized to furnish the 
Principal and Assistant Clerks each with a copy of Gavin & Herd's 
statutes of Indiana. 

Which was adopted. 

Mr. Kilgore introduced 

House bill No. 34. An act to amend the eighteenth section of an 
estates ""'' ""'^ regulating descents and the apportionment of 

Which was read the first time and passed to a second reading. 
Mr. Kilgore introduced 

House bill No. 35. An act entitled - an act to prevent county 
officers and their deputies from practicing law during their term of 
Dttice, and prescribing punishment therefor " 

Which was read a first time and passed to a second reading. 



109 

Mr. Henricks introduced ^ 

House bill No. 36. An act to amend the eighteenth section. of an 
act entitled " an act regulating general elections, and prescribing the 
duties of officers in relation thereto." 

Which was read the first time and passed to a second reading. 

Mr. Hio-irins introduced 

House bill No. 37. An act to amend section 15 and to repeal sec- 
tions 29 and 30 of an act " regulating general elections, and prescri- 
bing duties of the officers in relation thereto," approved June 7th, 
1852, and prescribing further duties of the officers of elections. 

Which was read the first time and passed to a second reading. 

Mr. Whiteside offered the foUowino: : 



o 



Whereas, David Stevenson, the present State Librarian, upon the 
expiration of his term of office, soon to occur, it is understood pro- 
poses to withdraw from the State Library the portrait of Stephen 
A. Douglas unless the sum of ten dollars is paid him ; therefore, 
be it 

Resolved, That the Committee on the State Library be instructed 
to inquire into his right to so withdraw said piece of art, and to 
report to this body. 

Which, 

On motion. 
Was referred to the Committee on Library. 

Mr. Gregory of Warren introduced 

House bill No. 38. A bill to amend the 82d section of the School 
law of 1864. 

Which was read a first time and passed to a second reading. 

Mr. Burton offered the following concurrent resolution : 

Whereas, There is an unusual amount of legislation to be performed 
by this General Assembly : 

And Whereas, This great work cannot be performed during its re<^- 
ular session unless the greatest diligence is exercised by the officers 
and members thereof, therefore, . 

Resolved hy the House of Representatives the Senate concurring, 
That in order to avoid the necessity of an extra session of the Gen- 
eral Assembly upon the adjournment of its present session and to 



no 

save an unnecessary expense to the members therefore, and to the 
{State, all Standing and Special Committees be, and are hereby 
requested to use all possible diligence and dispatch in examining and 
reporting business back to their respective houses for final action. 
"Which was adopted. 

Mr. Shoaff of Jay offered the following resolution : 

Resolved, That for the purpose of enabling committees to properly 
consider and mature such matters as may be referred to them this 
House hold but one session each day to commence at 2 o'clock P. M. 
until otherwise provided. 

Mr. Newcomb offered the following amendment : 

Resolved, That from this day until the 10th day of February the 
House shall meet at 9 o'clock, A. M., and adjourn at 12 J o'clock P. 
M. at which hour, or at such other hour as the House shall determine, 
the House shall adjourn for that day. 

Which amendment was accepted. 

The resolution as amended was then adopted. 
Mr. Whiteside offered the following resolution : 

Resolved, That the Committee on Public Printing be instructed to 
inquire into the manner in which J. J. Bingham has discharged the 
<luties of his office as Public Printer, and especially by what legal right 
he has drawn money from the State Treasury for his services as such 
in the absence of special appropriation, and that the committee be 
authorized to send for persons and papers. 

Which was adopted. ^ 

Mr. Higgins introduced 

House Bill No. 39. An act to amend the 4th section and to repeal 
the 5th and 6th sections of an act, entitled, "An Act concerning 
interest on money," approved May 27th, 1852. 

Which was read a first time and passed to a second reading. 

Mr. Groves offered the following resolution : 

Resolved, That the Committee on Elections be instructed to so 
amend the Election Laws of the State that soldiers absent from the 
State in the field, may be allowed to vote at their places of rendezvous, 
for all State and County Officers, and to report at their earliest con- 
venience to this House, by bill or otherwise. 



Ill 

Mr. Buskirk offered the following amendment ; / 

To enquire into the expediency and constitutionality of so amend- 
ing the Law. 

Which was agreed to. 

The resolution, as amended, was then adopted. 

Mr. Atkinson moved to reconsider the vote by which Mr. Groves 
resolution was adopted. 
Which was agreed to. 

Mr. Atkinson offered the following amendment. 

To amend by permitting soldiers to vote for federal oliicers as well 
as State ofiScers. 

The resolution, as amended, vras then adopted. 

Mr. Howard introduced 

House bill No. 40. An act to amend sections 78 and 83 of an act; 
entitled " an act to provide for a general system of Common Schools, 
the officers thereof, and their respective powers and duties, and mat- 
ters properly connected therewith, and for the establishment and 
regulations of Township Libraries, and to repeal all laws inconsistent 
therewith/' approved March 11th, 1861. 

Which was read a first time and passed to a second reading. 

Mr. Shoaff of Jay offered the following resolution : 

Resolvedy That the Committee on Elections be, and are hereby 
instructed to inquire into the propriety and expediency of so amend- 
ding the General Election laws of the State, for the purpose of 
more effectually preventing fraudulent and illegal voting, and report 
by bill or otherwise. 

Which, on motion, was adopted. 

Mr. Boyd offered the following resolution : 

Resolved, That all those having claims against tlie State be 
requested to hand them in at their earliest convenience. 

Which was adopted. 

Mr. Brown offered the following resolution : 

Resolved, That the Committee on the Judiciary be instructed to 
inquire into the expediency of establishing a uniform system through- 



112 

out the State of paying bounties to persons who volunteer into the 
service of the United States. 

Which, on motion, was adopted. 

Mr. Coffroth offered the following resolution : 

Resolved, That the Committee on the Judiciary be instructed to 
inquire into the expediency of repealing the law relative to Courts of 
Conciliation. 

Which, on motion, v,as adopted. 

Mr. Major offered the following resolution: 

Resolved, That in view of the present high rates of taxation, and 
probable increase of the same, it is the duty of this House to enforce 
the most rigid economy in the management of the finances of the 
State; therefore, this House ought to resist any efforts for the 
increase of the salaries or fees of civil officers, other than those whom 
the necessity is most evident. 

Which was referred to the Committee on Fees and Salaries. 

Mr. Patterson offered the following resolution : 

Resolved, That the Committee on County and Township Business be 
instructed to inquire into the expediency of authorizing the Board of 
County Commissioners of the several counties of the State, on the 
application of the proper authorities or person of any township or 
any city or part of a township constituting a sub-district, for enrol- 
ment and the assignment of quotas on call for troops by the Presi 
dent of the United States, to offer and pay bounties to persons vol 
untarily enlisting on behalf of and to be credited to such township 
or to such city or township, constituting a sub-district as aforesaid, 
and to lay a special or other tax on the property of such township or 
city or part of a township for the payment of such bounties or any 
debt that may have been contracted on account thereof and that said 
committee be further instructed to report by bill or otherwise. 

'Mr. Newcomb moved to refer the resolution to the Committee on 
the Judiciary. 

Which was agreed to. 



113 

The Speaker laid before the House the following telegram : 
„ ^ ,, Indianapolis, Jan. 17th, 1865. 

lo Gov. MORTOX. 

Dear Sir : — We have just received the following : 

New York, Jan, 17th, 1865. 

WAR BULLETIN. 

_ Fort Fisher was captured bj assault on the 15th. Our loss about 
>00. There were seven hours hard ficrhtins. 

[Official.] 

Respectfully, 

Chas. C. Whitney. 

Mr. Dunham offered the foliowinff : 

Resolved, That the Committee on Judiciary be instructed to inquire 
,nd report to the House immediately what legislation is necessary to 
irotect the citizens of the State from an Ordinance of the city of 
ndianapolis for the punishment of persons soliciting enlistments or • 
obtaining substitutes in said city and report by bill or otherwise. 

Mr. Dunham moved to refer to the Committee on Corporations. 

Mr. Brown moved to refer to the Committee on the Judiciary. 

Mr. Higgins moved to refer to a Select Committee with instruc- 
ions to report at an early day. 

Mr. Newcomb moved that the Committee on the Judiciary be 
uthorized to employ a clerk. 
, Which was agreed to, 

Mr. Kilgore moved that the Committee on Elections be authorized 
) employ a clerk. 
\ Which was agreed to|^ 

\ \ 

i The Speaker announced the following Special Committee on Brevier 

leports of Messrs. Drapier. 

' Messrs. Henricks, Buskirk and Griffith. 

, The question before the House being on the reference of Mr. Dun- 
lim's resolutioBu 

! H. J.— 8 



114 

Mr. Branham moved to adjourn till to-morrow morning 9 o'clock. 
Whicli was agreed to. 



WEDNESDAY MORNING, 9 o'clock,] 
January 18, 1865. / 



House met. 

Journal read and approved. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Rhoads, 

A petition from the County OfiScers of Vermillion County, Indiana, 
asking an increase of fees, as enumerated in and provided by the law 
of 1855. 

Which, 

On motion by Mr. Thatcher, 

Was referred to the Committee on Fees and Salaries. 

By Mr, Hoover, 

A petition from William Moorman asking compensation for ser- 
vices rendered as District Attorney. 
Which, 

On motion by Mr. Rhoads, 
Was referred to the Committee on Fees and Salaries. 

By Mr. Henricks, 

A petition from Nelson Ferris, asking compensation for services, 

&c., in pursuing Jesse Delong, a fugitive from this State, &c., &c. 1 

Which, ♦ ^ 

On motion, 
Was referred to the Committee on Claims. 

By Mr. Coffroth, 

A petition from sundry citizens of Huntington County, Indiana, 
asking the enactment of a law fixing generally the standard of qual- 
ifications of practicing physicians and surgeons. 



115 

Mr, Coffroth moved to refer to the Committee on Rights and Priv- 
3ges of the Inhabitants of the State, with instructions to report bv 

Which was agreed to. 
By Mr. Newcomb, 

A petition from Messrs. Talbott and Costegan, submitting account 
■ property at Northern Prison, &c., &c., and asking compensation 
lerefor. 

Which 

On motion, 

Was referred to Committee on Claims. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Kilgore, from the Committee on the Judiciary, made the fol- 
wing report: 

the Speaker of the House of Representatives : 

The Judiciary Committee, to whom was referred bill No. 14, enti- 
jd, An Act for the relief of the families of soldiers and marines in 
e State and the United States service, and of those who have died 
' been disabled in such service, and of prescribing the duties of 
rtain officers, respectfully report back said bill, and recommend 
at said bill be laid upon the table, and that 200 copies be printed 
r the use of the members of the House. 
Which was concurred in. 

Mr. Wood from the Committee on Mileage, made the following 
port : 

R. Speaker: 

The Committee on Mileage have, in the performance of their duty, 
A the same under consideration, and request me to present the fol- 
wing as their report : 



mileage as below, calculated one way. 



Miles. 

bbett ...50 

tkinson 90 

inta 20 

3ckett 150 

ird 150 

pnner 55 

3yd, 124 

ranham 84 

rown 71 

arnes , 25 



Miles. 

Burton 100 

Burwell 125 

Buskirk 80 

Chambers 98 

Church 160 

Coffroth 107 

Collins 188 

Colover 47 

Cook 192 

Cox 75 



116 



Miles. 

Groan 40 

Crook 100 

Dunham, 113 

Emerson 260 

Ferris 75 

Foulke 71 

Goodman 175 

Glazebrook 125 

Gregg 88 

Gregory of Montgomery .... 87 

Gregory of Warren 90 

Griffith 248 

Groves 210 

Hargrove 165 

Harrison 26 

Henricks 185 

Hershey 75 

Higgins 156 

Hogate 25 

Hoover 72 

HoTvard 110 

Humphreys 120 

Hunt 125 

James 112 

Johnson 135 

Kilgore ., 54 

Lasselle 78 

Lee 

Lemon 130 

Lockhart 276 

Lopp 160 

-^Jtajor 31 

Meredith ...., 72 

Miller of Clinton 55 

Miller of Tippecanoe 67 

Milroy 80 

Montgomery 55 

McVey 

Newcomb 

O'Brien 130 

Which was concurred in. 



.1! 

.2< 



Olleman 

Osborne 

Patterson 

Perigo..., 

Prather 

Puett 

Reese 

Rhoads K 

Rice. 1( 

Richards 

Richardson 1^ 

Riford 21 

Roach 

Sabin. 2' 

Shaffer 

Shoaff of Allen.- U 

Shoaffof Jay 1( 

Shuey 21 

Sim ; t 

Spencer 24 

Steward 4 

Stenger 1( 

Stiver , 4 

Stringer c 

Stuck ey 6 

Sullivan of Scott ^ 

Sullivan of Posey and V 24 

Thatcher 2 

Trusler 6 

Upson 18 

Yeach 6 

Welch 12 

White 2 

Whiteside 8 

Willis 15 

Woodruff 8 

Woods 19 

Wright 8 

Zeigler 17 

Mr. Speaker 8 



Message from the Senate by Mr. Whittlesey their Secretary. 
Mr. Speaker: 

I am directed by the Senate to return enrolled act No. 3 of th 
House entitled an act to legalize the proceedings of the Court 



117 

)mmon Pleas of Jackson county had at the October Term, 1864, 
[lich has been signed by the President of the Senate. 

Mr. Dunham's resolution pending the adjournment yesterday was 
ken up. 

The question being on the adoption of the resolution. 

Mr. Buskirk moved to refer to a select committee of five. 
Which was agreed to. 

Mr. Meredith offered the following resolution : 

Resolved, That the Committee on Ways and Means be, and they 
e hereby instructed to inquire if it would not be a more equal and 
3t mode of taxing railroads on their gross receipts, than by the 
esent system of taxing them by the mile, and that if expedient, to 
ovide for the same by submitting a bill for that purpose, and in 
e same connection to consider, if upon such gross receipts, the 
lounts paid by any railroad upon bonds &c., given for money bor- 
wed to construct any such road, should not be allowed as a deduc- 
<n. 
Which was adopted. 

|Mr. Griffith offered the following resolution : 

I 

\Be it Resolved, That the Secretary of State be requested to fur- 

ih to each member of this House, desiring the same, a copy of the 

5ts of Congress for each year of the same in his possession. 

Mr. Newcomb ofi*ered the following amendment : 

A-mend by instructing the Committee to inquire into the expedi- 
by of distributing said Acts among the township libraries of the 

site. 

\Vhich, 

I On motion by Mr. Burnes was laid on the table, 

[The resolution was then adopted. 

^Ir. James introduced 

tlouse bill No. 41. A bill to legalize sales by guardians under 

.ers defective in not prescribing notice. 

iVhich was read a first time and passed to a second reading. 

^Vlr. Ferris introduced 

pEouse Bill No. 42. An act to amend sections 9, 11 and 14, of an 



118 

act entitled an act to provide for the more uniform mode of doin 
township business, and prescribing the duties of certain officers i 
connection therewith, and to repeal all laws conflicting with this ac 
approved February 18th, 1859. 

Which was read a first time and passed to a second reading. 

Mr. Coffroth introduced 

House bill No. 43. A bill to repeal an act entitled " an act t 
establish Courts of Conciliation, to prescribe rules and proceeding 
therein, and compensation of judges thereof," approved June 11 tl 
1852. 

vVhich was read a first time and passed to a second reading. 

Mr. Harrison introduced 

House bill No. 44. A bill to amend the 76th section of an an 
entitled " an act defining misdemeanors, and prescribing punishmei 
therefor," approved June 14th, 1852. 

Which was read a first time, and passed to a second reading. 

Mr. Beckett introduced 

House bill No. 45. A bill to legalize the acts of certain civ 
officers in the State who have entered the military service, and hav 
accepted commissions in the armies of the United States, and who6 
duties had been discharged by deputies during their absence in sai' 
service. 

Which was read a first time and passed to a second reading. 

Mr. Coffroth introduced 

House bill No. 46. A bill to fix the times of holding the Circu: 
Courts in the Eleventh Judicial Circuit, and to regulate the return c 
process in said Circuit. 

Which was read a first time and passed to a second reading. 

Mr. Groves offered the followinor concurrent resolution : 



o 



Whereas, The members of the House of Representatives hav 
learned with deep feelings of grief that it is the custom of th 
Senate, when the Clerk of this House is about to deliver a me? 
sage therein, to keep said Clerk in waiting at the door of sai 
Senate ; and has by resolution instructed the Doorkeeper therec 
not to recognize said Clerk until the pending business of said Sen 
ate be disposed of, whether the same be a buncombe speech of sev 
eral hours' duration, or the legitimate legislation of the Generf 
Assembly ; 

And whereas. Said rule of the Senate is particularly irksome t 



119 

said Clerk of the House, and keeps in weary waiting before said 
Senate door, contrary to the said Clerk's inclinations, and against 
the peace and dignity of the State of Indiana ; 

And whereas, If any of the members of this House, or of the 
State Senate, have any loose change to dispose of, it will be thank- 
fully received by the Amateur Association at its next meeting, and 
properly appropriated to the benefit of soldiers' families ; 

And whereas. If said rule of the Senate be stubbornly adhered to, 
the Clerk of the House will have to employ a few more clerks to 
stand before the Senate door, to read the messages from the House 
at the Senate's pleasure ; 

And whereas, The Sanitary Commissions of Indiana, through its 
ao-ents, is now asking you for donations to aid it in carrying out its 

purposes; 

And wpiereas, The Senate did, at the instigation of a distinguished 
Senator, who shall be nameless here, pass the resolution of 
instructions aforesaid to its Doorkeeper, thus setting the example 
to every one of throwing cobbs from the Senate Chamber at the 
Clerk of the House ; 

And whereas, To prevent a collision of the two Houses, and put a 
stop to any more retaliating resolutions, and that the business of 
the session may go on smoothly, and the honor of the people of 
the State be saved from tarnish ; therefore. 

Resolved, By the House of Representatives {the Senate concurring,) 
That a committee, consisting of one from each House, be appointed 
to investigate the standing rules of the two Houses, and report 
respectively to each House at what particular time the Clerk of the 
other House can be recognized therein, to deliver messages for the 
House for which he has the honor to act. 

Which was adopted. 

Mr. Newcomb introduced 

House bill No. 47. An act to increase the powers of the Board 
of Sinking Fund Commissioners and to authorize said Board to loan 
any monies belonging to said Funds in Indiana State Bonds or Stocks 
and providing for the canceling of such Bonds or Stocks and the 
re-issuing of'^new non-negotiable Bonds or Stocks payable to said 

Funds. 

Which was read a first time and passed to a second readmg. 

Mr. Whiteside introduced 

House Bill No. 48. An act to authorize railroad companies to 
alter and determine the number of their Directors, to authorize 
Boards of Directors to fill vacancies in their Boards, to provide for 
meetings of the Stockholders and Directors of consolidated compa- 
nies in and without this State, to authorize consolidated railroad com- 



120 



panics, to consolidate again and increase the capital stock of consol- 
idated Railroad Companies, and to authorize them to borrow money 
and to secure the payment thereof. 

Which was read a first time and passed to a second reading. 

Mr. Meredith introduced 

House bill No. 49. An act to amend section 13 of an act approved 
May 12th, 1852, entitled "an Act authorizing the construction of 
plank, macadamized and gravel roads,'' the same having been amended 
by the 4th section of an act approved February 20th, 1855, entitled 
*' an act authorizing the construction of plank, macadamized and 
gravel roads, and to empower the same to make sale of a portion 
ot their road. The purpose of this act to authorize such companies 
to increase their toll. 

Which was read a first time and passed to a second readino- 

Mr. Branham gave notice of amendment to rule 55. 
Amendment to rule fifty-five by adding the following : 

Provided, That revenue and appropriation bills, first of the House 
next of the Senate, shall have precedence in the order of the day 
except unfinished business. -^ 

rn!!!;-^'''''^^ asked leave of absence for the members of the 
Committee on Fees and Salaries to meet for the transaction of business. 
Which was granted. 

Mr. Stivers oifered the following resolution : 

Besolved, That the Committee of the Judiciary be instructed to 

taxing of school lands which have been sold on a credit of 10 years 
ZklVZ ]'''T'T§ b^^^^^^ the date of the sale and the time of 
and defin 1 tt^r '1"'^'' r^'-^' ' ^'^^ ^^^^^^ '^'^ ^^^^^ ^-^^ble 

mich ^ ^""^^^ ^^'' ^^ collected. 

On motion by Mr. Stivers 

Was referred to the Committee on the Judiciary. 

Mr. Lopp introduced 

ato'l»'an,frl°'"'\°" ^"^ ^"^ ^ J°'"' "='''"''°° instructing our Sen- 
ators and requesting our Representatives in Congress to cast their 

kiten7the•"''^"'''^°7'•^'''^ P'^^-^'^g ^" persons injured or 
the Un^?^d qft "'"'™ """^ ""'"f '^'^^'"'^ "P"'^ tbe pension rolls of 
t r?g'ulat!efv";"P°" "" ^^"^'"^ "'''^ '''°^« -j-'^ - >^"'«d - 
Which was read a first time and passed to a second reading. 



121 

Mr. Shoaff of Jay asked and obtained leave of absence. 
Mr. Hoover introduced 

House bill No. 50. A bill to authorize and provide for a thorough 
and complete draining of the public and private lands of the State 
of Indiana. 

Which was read a first time and passed to a second reading. 

Mr. Beckett introduced 

House Bill No. 51. A bill to amend the 9th section of an act, 
entitled, " An Act providing for the election or appointment of Super- 
visors of highways, and prescribing certain of their duties, and those 
of County and Township Ofiicers, in relation thereto," approved 
March 5, 1859. 

Which was read a first time and passed to a second reading. 

Mr. Thatcher offered the following resolution : 

Whereas, A resolution has been adopted by the House requiring the 
Committee on Fees and Salaries to make and report to this House 
an abstract of all the fees and salaries of the different State and 
County Officers of the State of Indiana ; " therefore, 

Ilesolvedy That the Committee on Fees and Salaries be authorized 
to employ a clerk to prepare said abstract, and that, while said clerk 
shall be so employed, he shall receive the same fees as are allowed 
to other clerks of this House. 

Which was adopted. 

Mr. Buskirk moved to suspend the order of business and take up 
Senate Bill No. 29. 
Which was agreed to. 

Mr. Buskirk moved to refer to the Committee on the Judiciary. 

Mr. Spencer moved to lay the Bill on the table and have 200 copies 
printed. 

Which was not agreed to. 

The question recurring on the motion to refer to the Committee on 
the Judiciary, 

The same was not agreed to. 

The question being shall the Bill pass ? 



122 

Those who voted in the affirmative were, 

Messrs. Ahbett, Atkinson, Bird, Bonner, Brown, Burnes, Bur- 
ton, Chambers, Church, Coffroth, Colover, Cook, Cox, Crook, Dun- 
ham, Emerson, Ferris, Foulke, ^Goodman, Gregory of Montgom- 
ery, Gregory of Warren, Griffith,' Groves, Harrison, Henricks, Her- 
shey, Higgins, Hogate, Hoover, Hunt, James, Johnson, Lockhart, 
Major, Meredith, Miller of Tippecanoe, Montgomery, McVey, New- 
comb, O'Brien, OUeman, Osborn, Patterson, Perigo, Prather, Puett, 
Reese, Rhoads, Riford, Sabin, Shoaff of Allen, Shuey, Sim, Stew- 
ard, Stivers, Stringer, Trusler, Upson, Welch, White, Whiteside, 
Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker— 68. 

Those who voted in the negative were, 

Messrs. Beckett, Buskirk, Collins, Glazebrook, Gregg, Hargrove, 
Howard, Lemon, Lopp, Richards, Richardson, Roach, Spencer, 
Stuckey, Sullivan of Scott, Thatcher and Veach — 17. 

So the Bill passed. 

Mr. Ferris offered the following resolution : 

Whereas, The present revenue laws are unequal, in their operations, 
insomuch that some species of property are burdened with a greater 
proportion of taxes than others ; therefore, 

Resolved, That the Judiciary Committee be instructed to inquire 
into the expediency of so amending the revenue laws as to insure a 
more equitable distribution of taxes, and report by bill, or otherwise. 

Which was referred to the Committee on the Judiciary. 

The Speaker laid before the House the following communication 
from the Treasury of State. 

Office of the Treasurer op State, 
Indianapolis, January 1, 1865. 

To the General Assemhly of the State of Indiana : 

I have the honor to herewith transmit statements showing all the 
moneys received by me into and paid out of the Treasury of said 
State, from the beginning of my term of office, February 20, 1863, 
to the 31st day of December, 1864, inclusive. 

Respectfully submitted, 

M. L. BRETT, 

Treasurer of State. 



123 

]VJ[r. Gregory of Warren offered the following resolution : 

Resolved, That the Committee on Ways and Means be instructed 
to make a sufficient appropriation, in the general bill on that subject, 
to pay the expenses of witnesses and others, growing out of the 
organization of the Committee of Arbitrary Arrests, at the last ses- 
sion of the Legislature. 

Which, 

On motion, 
Was referred to the Committee on Ways and Means. 

Mr. Goodman offered the following resolution : 

Resolved, That the Committee on Rights and Privileges be 
instructed to inquire into the expediency of reporting a bill to more 
fully protect the Sabbath day. 

Which, 

On motion, 
Was referred to the Committee on Rights and Privileges of the 
Inhabitants of the State. 

Mr. Stivers introduced 

House Bill, No. 52. An act to render uniform assessments of per- 
sonal property, in the several townships of the different counties. 
Which was read a first time and passed to a second reading. 

Mr. Howard introduced 

House Bill No. 53. An act to amend sections 5 and 14 of an act, 
entitled, ''An Act to provide for the uniform mode of doing town- 
ship business, prescribing the duties of certain officers, in connection 
therewith, and to repeal all lav^s in conflict with this Act, approved 
February 18, 1859. 

Which was read a first time and passed to a second reading. 

Mr. Newcomb moved to suspend the order of business ai;id take up 
House Bills on second reading. 

Which was agreed to. . 



*o' 



House Bill No. 10 was read a second time. 

Mr. Griffith offered the following amendment : 

Amend section 2 by striking out two dollars and fifty cents, and 



inserting the words three dollars. 



124 

Mr. Newcomb moved to refer the Bill and amendments to the Com- 
mittee on Ways and Means, with the following amendment : 

Amend by inserting before the words " fixing the amount of Asses- 
sors' per diem," these words, " during the years 1865 and 1866." 

Mr. White offered the following amendment to an amendment, by 
striking out " three dollars," and inserting " tw^o dollars." 

The question being shall the Bill and amendments be referred to 
tlic Committee on Ways and Means. 
It was so referred. 

House Bill No. 11 was read a second time. 

Mr. Buskirk moved to refer to a Select Committee of one from 
each Congressional District. 

Mr. Meredith moved to amend by ordering 200 copies printed. 

Mr. Griffith offered the following amendment : 

^Amend proper section by striking out the words Wabash and 
Whitley, and inserting the words Elkhart and Noble. 

The bill and amendments were then referred to the select com- 
mittee. 

Joint re^solution No. 1 was read a second time, and, 

On motion by Mr. Miller of Tippecanoe, 
Was referred to the select committee on Constitutional Amend- 
ments. 

Joint resolution No. 2 was read a second time, and, 

On motion by Mr. Newcomb, 
Was referred to the Committee on the Judiciary. 

Joint resolution No. 3 was read a second time,' and, ' . 

On motion by Mr. Woods, 
Was referred to the Committee on Education, 

Joint resolution No. 4 was read a second time, and 
On motion by Mr. Woods, ' 

Was referred to the Committee on Education. 

House bill No. 12 was read a second time, and, 

On motion by Mr. Spencer, ' a 

Was referred to the Committee on the Judiciary. 



125 

Mr. Cook moved to adjourn. 
Which waf not agreed to. 

House bill No. 13 was read a second time. 

Mr. Shuey offered the following amendment : 

Sec. — Such Commissioners shall first diligently inquire if such 
claimant or claimants were members of the Order of the Golden Circle, 
American Knights, Sons of Liberty, or other treasonable association, 
or if such claimant or claimants ever did, by word or act, encourage 
desertions or discourage enlistments, or did, in any manner, during 
the present war, give aid and comfort to the enemy. 

Sec. — . If such Commissioners shall find that any claimant or 
claimants was or were a member or members of any or either of the 
treasonable orders or associations, or has or have been guilty of any 
of the disloyal acts mentioned in the foregoing section, then the 
claim or claims of such claimant or claimants shall be rejected. 

Sec. — . All the expenses of said Commission shall be retained 
out of the several sums allowed to such claimants, pro rata. 

Mr. Brown offered the following amendment : 

Amend the amendment by adding to the first paragraph that such. 
Commission shall diligently inquire if such claimant or claimants 
were members of the Order of the Loyal League or other treasona- 
ble associations. ^ 

Mr. Brown moved to refer the bill and amendments to the Com- 
mittee on Ways and Means. 

Mr. Dunham offered the following amendment : 

Amend section second by inserting after the words Indianapolis 
Journal, Indianapolis Sentinel. 

The Speaker laid before the House the following communication 
from the Auditor of State : 

State of Indiana, Office of Auditor of State, \ 
Indianapolis, January 17, 1865. / 

Hon. John V. Pettit, 

Speaker of the House of Representatives ; 

Sir: — I have the honor to report to the honorable body over 
which you preside, an answer to the inquiries propounded me in rela- 



126 

tion to warrants issued by me on account of public printing, &c., 
during the last two years, whicli you will please lay before the 
House. 

Your obedient servant, 

J. mSTINE, 
Auditor of State. 

Mr. Buskirk moved to lay on the table and print 200 copies. 
Which was not agreed to. 

Mr. Branham moved to refer to the Committee on Public Expend- 
itures. 

Which was agreed to. 

The Speaker announced the special committee on the resolution 
of Mr. Dunham, of January 7th, 1865, in reference to an ordinance 
of the Common Council of the city of Indianapolis, as follows : 

Messrs. Dunham, Higgins, Buskirk, Trusler and Newcomb. 

On Constitutional amendments : 

Messrs. Reose, Lasselle, Miller of Tippecanoe, Harrison and Mere- 
dith. 

The pending question being on the reference and amendmeVits of 
House bill No. 13 ; 

Mr. Spencer moved to adjourn. 
Which was agreed to. 



THURSDAY MORNING, 9 o'clock, ) 
January 19th, 1865. / 



House met. 



The Speaker announced the calling of the roll, when the following 
members answered to their names : 

Messrs. Abbett, Atkinson, Banta, Beckett, Bird, Bonner, Boyd, 
Branham, Burnes, Buskirk, Chambers, Church, Coffroth, Collins, Colo- 
ver, Cook, Cox, Croan, Crook, Emerson, Ferris, Goodman, Glaze- 



127 

brook, Gregg, Gregory of Montgomery, Gregory of Warren, Groves, 
Harrison, Hersliey, Higgins, Hogate, Hoover, Howard, Hunt, James, 
Johnson, Kilgore, Lasselle, Lemon, Lockhart, Lopp, Major, Miller of 
Clinton, Miller of Tippecanoe, Meredith, Milroy, Montgomery, New- 
comb, O'Brien, Osborn, Perigo, Prather, Richards, Richardson, Riford, 
Sabin, ShoafF of Allen, Shuey, Sim, Spencer, Stenger, Stivers, Strin- 
ger, Stuckey, Sullivan of Scott, Thatcher, Trusler, Upson, Veach, 
White, Whiteside, Willis, Woodruff, Woods, Wright, Zeigler and Mr, 
Speaker— 78. 

The Journal vras then read and approved. 

On motion by Mr. Higgins, 
House bill No. 39 was withdrawn. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Gregg; 

A petition from sundry citizens of Dearborn county, protesting 
against levying a tax to procure substitutes, &c., &c. 
Which, 

On motion. 
Was referred to the Committee on the Judiciary. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Burnes, chairman of the Committee on Rights and Privileges 
of the Inhabitants of the State, made the following report : 

To the members of the House of Representatives of the State of Indiana : 

Your committee, to whom was referred the petition of divers citi- 
zens of Huntington county, praying for legislation on the subject of 
the pratice of Medicine and Surgery, have had the same under con- 
sideration, and respectfully report that legislation upon that subject 
is at this time inexpedient, and recommend that the future considera- 
tion of said petition, and the matters connected therewith, be indefi- 
nitely postponed. 

Mr. Coffroth moved to lay the report on the table. 
Which was agreed to. 

Mr. Buskirk, from the Committee on Corporations, made the fol- 
lowing report : 

Mr. Speaker: 

The Committee on Corporations, to whom was referred resolution 
of the House, No. 9, in relation to the ordinance of the city of Indi- 
anapolis, have directed me to report the same back and recommend 



128 

that the same be referred to the select committee appointed to con- 
sider the subject of such ordinance. 
Which was concurred in. 

Mr. James, from the Committee on Corporations, made the follow- 
ing repoit : 

Mr. Speaker: 

The Committee on Corporations, to whom was referred House bill 
No. 7, have had the same under consideration, and instruct me to 
report the same back to the House and recommend its passao'e. 

Which, 

On motion. 

Was laid on the table. 

The pending question on the adjournment yesterday beicg on the 
reference of House bill No. 14 and amendments. 

Mr. Shuey moved to make the same a special order for to-morrow 
at 10 o'clock A. M. 
Which was agreed to. 



O' 



Mr. Miller of Tippecanoe offered the following resolution : 

Whereas, From the evidence adduced before the military Commis- 
sion held in the city of Indianapolis, commencing on or about the 
25th day of October, 1864, in the case of the United States vs. 
William A. Bowles and others, on a charge of conspiracy against 
the Government of the United States, and for the assassination of 
the Governor of the State of Indiana, it appears that Charles B. 
Lasselle of Cass county, and now a member of this House, belonged 
to, and was a member of the Supreme Council of a secret order, 
known as the Knights of the Golden Circle or Sons of Liberty, 
and that he had voluntarily taken the oath prescribed for the sev- 
eral degrees of that order, and as appears in the evidence taken 
in said cause that the members of said Supreme Council were con- 
cerned in the treason and crimes charged against said defendant, 
therefore. 

Resolved, That a committee of five be appointed to investigate the 
fiict whether or not said Charles B. Lasselle was, or was not, a mem- 
ber of said treasonable order, and report to this House by resolution 
or otherwise, whether or not it is consistent with the dignity and 
respect of this House for said Charles B. Lasselle to occupy a seat as 
a member of this House, and that said committee shall have full 
power to send for all necessary persons and papers. 

Mr. Coffroth moved to make it the special order for Wednesday at 
10 o'clock A. M. ^ 



129 

Mr. Newcomb moved to refer to the Committee on Rights and 
Privileges of the Inhabitants of the State. 

Mr. Rice demanded the previous question. 
Which was seconded. 

The question being, 

Shall the main question be now put ? 

It was agreed to. 

The question recurring on the adoption of the resolution. 

Messrs. Buskirk and Miller of Tippecanoe demanded the ayes and 
noes. 



Those who voted in the affirmative were 



Messrs. Atkinson, Banta, Bonner, Boyd Branham, Burnes, Cham- 
bers, Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Good- 
man, Gregory of Montgomery, Gregory of "Warren, Griffith, Groves, 
Henricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Lock- 
hart, Major, Meredith, Miller of Tippecanoe, Montgomery, McVey, 
Newcomb, O'Brien, Olleman, Prather, Rhoads, Rice, Rifford, Sabin, 
Shoaff of Allen, Shuey, Sim, Steward, Stivers, Stringer, Trusler, 
Upson, Welch, Whiteside, Willis, Woodruff, Woods, Wright, Zeigler 
and Mr. Speaker — 55. 

Those who voted in the negative were, 

Messrs. Abbett, Beckett, Bird, Burton, Buskirk, Coffroth, Collins, 
Colover, Croan, Glazebrook, Gregg, Harrison, Hargrove, Howard, 
Hunt, Lemon, Lopp, Miller of Clinton, Milroy, Osborn, Patterson, 
Perigo, Puett, Richards, Richardson, Roach, Shoaff of Allen, Spen- 
cer, Stenger, Stuckey, Sullivan of Scott, Thatcher, Yeach, and 
White— 34. 

Mr. Miller moved to reconsider the vote just taken, and lay the 
motion on the table. 
Which was agreed to. 

Mr. Cook introduced 

House bill No. 54. An act to amend section eighty-two of an act 
entitled " an act to provide for a general system of Common Schools, 
the officers thereof, and their respective powers and duties, and mat- 
ters properly connected therewith, and for the establishment and 
regulation of township libraries, and to repeal all laws inconsistent 

H. J.— 9. 



130 

therewith," approved March 11th, 1861, so as to authorize County 
Auditors to make loans of the Common School revenue in sums not 
exceeding- one thousand dollars, and declaring when this act shall 

take effect. 

Which was read a first time and passed to a second reading. 

Mr. Woods introduced 

House bill No. 55. An act authorizing persons therein mentioned 
to dig a canal from the Calumet River to Lake Michigan, for the pur- 
pose of draining a portion of the swamp lands of Lake and Porter 

counties. 

Which was read a first time and passed to a second reading. 

Mr. Miller of Clinton introduced 

House bill No. 56. An act to repeal an act entitled " an act to 
ascertain the amount of the fees and salaries of the Clerks of the 
Supreme, Circuit and Common Pleas Courts of this State ; of the 
Sherifi" of the Supreme Court, and of the various counties in this 
State ; of County Auditors, Treasurers, and Recorders ; of Circuit 
and Prosecuting Attorneys, and to provide punishmentfor a violation 
of its provisions," approved June 3d, 1861. 

Which was read a first time and passed to a second reading. 

Mr. Coffroth introduced 

House bill No. 57. An act to amend section seven hundred and 
eighty-four of an act entitled ^' an act to revise, simplify and abridge 
the rules, practice, pleadings and powers in civil cases in the Courts 
in this State ; to abolish distinct forms of action at law, and to pro- 
vide for the administration in future of a uniform mode of pleading 
and practice, without distinction between law and equity," approved 
June 18th, 1852. 

Which was read a first time and passed to a second reading. 

Mr. Gregory of Warren offered the following resolution : 

Resolved, That the Committee on Elections be instructed to inquire 
into the constitutionality and propriety of the passages of an act 
depriving from the rights of suffrage those persons who have fled, or 
may flee, to Canada, or any other foreign country, to evade the draft, 
and thus release themselves from the allegiance they are under to the 
laws and constitution of their own country. 

Which, on motion, was adopted. 

Mr. Higgins introduced 

House bill No. 58. An act to amend the 5th and 6th sections of 



131 

Tin act regulating interest on money, and to repeal an act entitled 
'■' an act concerning interest on money," approved May 27th, 1852 • 
the 51st section of an act '• defining misdemeanors and prescribino- 
punishment therefor," approved June 14th, 1852, and all other laws 
and parts of laws in conflict with this act, approved March 7th, 1861. 
Which was read a first time and passed to a second reading. 

Mr. Newcomb introduced 

House bill No. 59. A bill to authorize railroad companies to occu- 
py and use for railroad purposes the property of canal companies, 
with their consent, and to secure them in such occupation, &c. 

Which was read a first time and passed to a second reading. 

Mr. Boyd offered the following resolution : 

Resolved^ That the Committee on Elections be requested lo inquire 
into the expediency of so amending the election laws of the State of 
Indiana as to require a registration of at least forty days before 
voting of all the voters of each and everyo township, to be kept by 
the Township Trustee ; and that said Township Trustee shall provide 
for such registration, and give due notice thereof by advertising in 
the nev^spaper of most general circulation in the township. 

Which, on motion, was adopted. 

Mr. Miller of Tippecanoe introduced 

House bill No. 60. An act to amend the eighty-third and eigh'ty- 
■ourth sections of an act to repeal all general laws now in force for 
ihe incorporation of cities, and to provide for the incorporation of 
jities, prescribe their powers and rights, and the manner in which 
;hey shall exercise the same, and to regulate such other matters as 
)roperly pertain thereto, approved March 9th 1857. 

Which was read a first time and passed to a second reading. 

Mr. Griffith introduced 

House bill No. 61. An act requiring Clerks of the Circuit Court 
index the records in their office. 
Which was read a first time and passed to a second reading. 

Mr. Rice introduced 

^ Joint resolution No. 11. A joint resolution for the relief of 
xeorge W. Archer refunding to him the purchase money and interest 
hereon paid for certain real estate sold as swamp land by the State, 
rhen the title was in one Michael John. 
Which was read a first time and passed to a second reading. 



132 

Mr. Foulke offered the following resolution : 

Resolved, That no question of a partisan character shall be intro- 
duced into this House until the needful legislation so essential to the 
prosperity of this State shall have been performed. 

Mr. Burton offered the following amendment : 

Whereas, All political issues which heretofore divided us have been 
in a manner decided at the ballot box, and there is now but one 
vital issue before the people, namely, the issue of greenbacks. 

And Whereas, This great issue has apparently enhanced our National 
prosperity by elevating the two most cherishe'd commodities of the 
country, namely. Gold and Negroes. 

And Whereas, Our individual prosperity and our National safety 
necessarily depend in a great degree, if not entirely, upon the- 
GREENBACK issue, therefore. 

Resolved, That in order to harmonize all conflicting elements upon 
this floor, we forget for the present, all past political differences, unite 
heart and hand upon this heavy issue, and cause it, if possible, tO' 
redound to the honor and glory of our common country. 

Resolved further, That to this end, it behooves the dear people, in 
this emergency, to look well to their pockets, and to this end, while 
they place their hearts "upon things above," namely, ^oZc? and Negroes^ 
they should not forget to place their hands upon the thing below, 
namely, greenbacks. 

Resolved, finally, That this is the only policy we can pursue, if we 
would compensate ourselves for the losses sustained because of the 
many battles fought and victories lost and won in the " irrepressible 
conflict," between truth and error, which, though it has covered our 
waters and darkened our land with blood and mourning has neverthe- 
less, produced a never ending issue, that will remain ever green in 
memory, till Abraham shall declare that war and greenbacks are ne 
more. 

Mr. Newcomb moved to refer the resolution and amendment to the 
Committee on Rights and Privileges of the Inhabitants of the State. 
Which was agreed to. 

Mr. Thatcher introduced 

House bill No. 62. An act empowering incorporated cities to 
plant and maintain shade trees along the streets, alleys, Public Square 



133 

and ComTnons thereof and to provide for the protection of the same 
at the expense of the property holders. 

Which was read a first time and passed to a second reading. 

Mr. Branhara asked leave to take from the table his amendment to 
rule No. 55. 

Which was agreed to, 

And on motion of Mr, Branham his amendment to rule No. 55 
was adopted. 

Mr. Spencer offered the following resolution : 

Resolved^ That the State Librarian be and is hereby requested to 
supply eacli member of the House who has not yet been furnished 
with the second volume of the Revised Statutes (Gavin & Herd), at 
his earliest convenience, in accordance with previous instructions 
from this House to that effect, and that the Clerk be instructed to 
inform him immediately of the adoption of this resolution. 

There being no quorum voting, 

The speaker ordered a call of the House, when the following mem- 
bers answered to their names : 

Messrs. Abbett, Atkinson, Banta, Beckett, Bird, Bonner, Boyd, 
Branham, Burnes, Burton, Buskirk, Church, Coffroth, Collins, Col- 
over, Cook, Cox, Croan, Crook, Emerson, Ferris, Foulke, Goodman, 
Glazebrook, Gregg, Gregory of Montgomery, Gregory of Warren, 
Griffith, Groves, Hargrove, Harrison, Henricks, Hershey, Higgins, 
Hogate, Hoover, Howard, Hunt, James, Johnson, Kilgore, Lasselle, 
Lemon, Lockhart, Lopp, Major, Meredith, Miller of Clinton, Miller 
of Tippecanoe, Milroy, Montgomery, Newcomb, O'Brien, Olleman, 
Osborn, Patterson, Perigo, Puett, Rhoads, Rice, Richards, Richard- 
son, Riford, Roach, Sabin, Shaffer, Shoaff of Allen, Shuey, Sim, 
Spencer, Steward, Stenger, Stiver, Stringer, Stuckey, Sullivan of 
Scott, Thatcher, Trusler, Upson, Veach, Welch, AVhite, Willis, Wood- 
ruff, Woods, Wright, Zeigler and Mr. Speaker — 89. 

The question being on the adoption of the resolution. 
It was then adopted. 

By unanimous consent, 

Mr. Buskirk offered the following : 

Notice is hereby given, that I will on to-morrow move to amend 
Rule 35, by adding, after the word *'upon" in the 5th line the 
words " a motion to commit, if such motion shall have been made, 
and if this motion does not prevail, then," 



134 

Mr. Branhem moved to suspend tlic order of business and take up 
House bills on second reading. 
Whicli was agreed to. 

Joint resolution No. 5 was read a second time, and, 

On motion bj Mr. Gregory of Montgomery. 
Was referred to the Committee on Education. 

House bill No. 14 was read a second time. 

Mr. Harrison offered the following amendment . 

Amend section 28 by inserting the word ^' individual ^' between the 
words *' the " and *' property" where the words "not the property 
of the stockholders" occur. 

On motion by Mr. Burnes, 

The bill and amendments were referred to the Committee on Man- 
ufactures and Commerce. 

Message from the Senate, by Mr. Whittlesey, their Secretary : 

Mk. Speaker : 

I am directed by the Senate to report to the House Enrolled act 
No. 29 of the Senate, entitled. An Act to authorize the Bank of the* 
State of Indiana to reduce the capital stock of a Branch or Brandies 
of said Bank, to close the business and affairs of a Branch or 
Branches, under certain regulations, and amendatory of sections 68, 
02 and 74 of an act entitled, An Act to establish a Bank with 
Branches, passed March 3d, 1865, for the signature of the Speaker. 

Mr. Rhoads, from the Committee on Enrolled Bills, made the fol- 
lowing report : 

The Joint Committee on Enrolled Bills have examined Senate bill 
No. 29, and instruct me to report the same correctly enrolled. 
Which was concurred in. 

The Speaker announced to the House that he had signed Bill 
No. 29. 

Leave of absence was granted Messrs. Burton, Sullivan of Yan- 
derburg and Posey, Lockhart, Cook and Richards. 

On motion by Mr. Thatcher, 

The House adjourned. 



135 



FRroAY MORNING, 9 o'clock, 
January 20th, 1865. 



House met. 



The Speaker ordered a call of the House, when the following mem- 
bers answered to their names : 

Messrs. Abbett, Atkinson,[Banta, Beckett, Bird, Bonner, Boyd, Bran- 
ham, Burnes, Chambers, Church, Coffroth, Collins, Cox, Croan, Crook, 
Emerson, Ferris, Goodman, Glazebrook, Gregory of Montgomery, 
Gregory of Warren, GriflSth, Groves, Hargrove, Harrison, Hershey, 
Higgins, Hogate, Hoover, Howard, Hunt, James, Kilgore, Lopp, 
Major, Meredith, Miller of Clinton, Miller of Tippecanoe, Mont- 
gomery, Newcomb, O'Brien, Osborn, Perigo, Prather, Rice, Richard- 
son, Riford, Sabin, ShoaiF of Allen, Shoaff of Jay, Shuey, Stewart, 
Stivers, Stringer, Stuckey, Sullivan of Scott, Sullivan of Posey and 
Vanderburg, Thatcher, Trusler, Upson, Veach, White, Whiteside, 
Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 67. 

The Journal was then read and approved. 

Message from the Senate, by Mr. Whittlesey, their Secretary. 

Mr. Speaker: 

I am directed by the Senate to report to the House of Represen- 
tatives that the Senate has passed the following Joint Resolution 
thereof: 

Senate joint resolution (engrossed) No. 5. A joint resolution 
instructing our Senators and requesting our Representatives in Con- 
gress to secure the passage of a law placing certain persons therein 
named on the pension rolls. 

In which the concurrence of the House is respectfully requested. 

I am also directed to report to the House that the Senate has 
adopted the accompanying memorial addressed to the Congress of 

the United States. 

In which the concurrence of the House is respectfully requested. 



136 

The Speaker laid before the House the following communication 
from the Governor: 

State of Indiana, Executive Department, \ 
Indianapolis, January 19, 1865. / 

Hon. John U. Pettit, 

^kSpealcer of the House of Representatives : 

B. R. Sulgrove, Esq., my Private Secretary, is authorized to make 
executive communications ^Yith the House of Representatives during 
the present session. 

0. P. MORTON, 

Governor of Indiana. 

reports from standing committees. 

Mr. Brown, from the Committee on the Judiciary, made the fol- 
lowing report : 

Mr. Speaker : 

The Committee on the Judiciary, to whom was referred House 
resolution No. 27, relative to the j^rinting of the Governor's Mes- 
sage, &c., would respectfully report that they have had the same 
under consideration, and would respectfully recommend that as a 
substitute for said resolution the following be adopted, viz : 

Resolved, That 11,500 copies of the Governor's Message be printed, 
8,000 copies to be printed in the English and 2,000 in the German 
language, for the use of the Governor, and 1,000 in the English and 
500 in the German language, for the use of the members of the 
House, 

Which was concurred in. 

Mr. Coflfroth, from the Judiciary Committee, made the following 
report : 

To the Speaker of the Home of Representatives : 

The Judiciary Committee, to whom was referred House bill No. 8> 
entitled, An Act providing for the taxing of dogs, and for the pay- 
ment of damages sustained in the maiming or killing of sheep by 
dogs, and providing penalties for the violation of any of the provis- 
ions of said act by officers and others, and also repealing an act to 
license dogs, approved March 11, 1861, and other laws conflicting 
with the provisions of this act, respectfully report back said bill and 
recommend its passage. 

Which was concurred in. 



137 

Mr. Major from the Committee on Fees and Salaries made the fol- 
lowino; report : 

Mr. Speaker : 

I am instructed by the Committee on Fees and Sahiries to wliom 
was referred House bill No. 2, introduced by Mr. Miller of Tippe- 
canoe, relative to the Supreme Court and providing compensation 
thereof, to respectfully report that the 3rd section of said bill be 
amended so as to read two thousand five hundred instead of three 
thousand and that the remaining sections be referred to the Com- 
mittee on the Judiciary. 

Mr. Brown moved to refer the report to the Committee on the 
Judiciary. 

Which was agreed to. 

Mr. Rhoads from the Committee on Enrolled Bills made the fol- 
lowing report: 

Mr. Speaker : 

The Joint Committee on Enrolled Bills now report that they did 
on the 19th day of January, 1865, present to his Excellency the 
Governor of the State for his approval and signature " Senate bill 
No. 29." 

Which was laid on the table. 

HOUSE BILLS. 

Mr. Miller of Clinton introduced 

House bill No. 64. '' An act to amend the 406th Sec. of an act 
entitled An x\ct to revise, simplify and abridge the rules, practice, 
pleadings and forms in civil cases in the Courts of this State, to abol- 
ish distinct forms of action at law, and to provide for the administra- 
tion of justice in a uniform mode of pleading and practice without 
distinction between law and equity." 

Which was read a first time and passed to a second reading. 

Mr. Lasselle introduced 

House bill No. 65. An act defining an assault and prescribing a 
penalty &c. 

Which was read the first time and passed to a second reading. 

Mr. Branham gave notice that he would move at the proper time 
to amend Rule No. 54, as follows : 

Strike out 12 and insert lOJ o'clock A. M. 



138 

Mr. Woods offered the following resolution : 

Resolved, That the Committeemen County and Township Business 
be requested to consider the propriety of so amending the collection 
laws so as to employ township collectors in each township for the 
collection of taxes in lieu of i\\Q plan now adopted and report by bill 
or otherwise. 

Which was not adopted. 

Mr. Milroy introduced 

House bill No. ^Q, An act to amend the 3d section of an act 
entitled an act providing for the election and prescribing certain 
duties of County Surveyors, approved June 15th, 1852. 

Which was read a first time and passed to a second readino-. 

Mr. Miller of Clinton introduced 

House Bill No. 67. An act to entitle attorneys to hold liens on 
judgments. 

Which was read a first time and passed to a second reading. 

Mr. Gregory of Warren introduced 

House bill No. 68. An act authorizing Boards of County Com- 
missioners m this State to make donations and receive subscriptions 
i^or the purpose of erecting a monument to the memory of those 
from their several counties who have lost their lives in the present 
war for the restoration of the Union. 

Vv'hich was read a first time and passed to a second reading. 

Mr. CofFroth offered the following resolution : 

Resolved, That the Committee on the Organization of Courts be 
mstructed to inquire into the expediency of abolishing the Courts of 
Common Pleas and to report by bill or otherwise. 

Which was adopted. 

Mr. Brown asked and obtained leave of absence for Mr. Dunham. 
Mr. Chambers introduced 

House bill No. 69. An act to amend sections 1, 10, 11 and 20 of 
an act entitled an act providing for the election or appointment' of 
bupervisors of highways and prescribing certain of their duties and 
March StrTsto'"'' ^^^^^hip officers in relation thereto, approved 

Which was read a first time and passed to a second reading. 



139 

The hour having arrived for the consideration of House bill 'No. 13 
which was made the special order for this hour. 

The question being on the reference of House bill No. 13 and 
amendments thereto. 

Mr. Buskirk moved to lay amendment of Mr. Shuey and amend- 
ment of Mr. Brown on the table.. 

Mr. Newcomb called for a division of the question. 

The question being on laying on the table the amendment to the 
amendment of Mr. Brown. 

Messrs. Buskirk and Newcomb demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Banta, Beckett, Bird, Bonner, Boyd, 
Branham, Brown, Burnes, Buskirk, Chambers, Church, Coffroth, Col- 
lins, Colover, Cox, Croan, Crook, Emerson, Ferris, Foulke, Good- 
man, Glazebrook, Gregg, Gregory of Montgomery, Gregory of War- 
ren, Griffith, Groves, Hargrove, Henricks,Hershey, Higgins, Hogate, 
Hoover, Howard, Hunt, James, Johnson, Kilgore, Lasselle, Lopp, 
Major, Meredith, Miller of Clinton, Miller of Tippecanoe, Milroy, 
McVey, Newcomb O'Brien, Olleman, Osborn, Patterson, Perigo, 
Prather, Puett, Beece, Rhoads, Bice, Richardson, Riford, Roach, 
Sabin, Shoaff of Allen Shuey, Sim, Spencer, Steward, Stenger, 
Stivers, Stuckey, Sullivan of Scott, Sullivan of Posey and Vander- 
burg, Thatcher, Trusler, Upson, Veach, Welch, White, Whiteside, 
Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 87. 

Mr. Stinger voted in the negative — 1. 

So the motion to lay on the table was agreed to. 

The question being on laying on the table the amendment of Mr, 
Shuey. 

Messrs. Buskirk and Newcomb demanded the ayes and noes. 

Those who voted in the aflBrmative were. 

Messrs. Abbett, Banta, Beckett, Bird, Brown, Buskirk, Coffroth, 
Collins, Colover, Croan, Emerson, Ferris, Glazebrook, Gregg, Har- 
grove, Harrison, Henricks, Higgins, Hoover, Howard, Hunt, Johnson, 
Lasselle, Lopp, Miller of Clinton, Milroy, O'Brien, Osborn, Patter- 
son, Perigo, Puett, Richardson, Roach, Shoaff of Allen, Spencer, 
Stenger, Stuckey, Sullivan of Scott, Sullivan of Posey and Vander- 
burg, Thatcher, Yeach and White — 43. 



140 

Those who voted in the negative were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Burnes, Chambers, 
Church, Cox, Ci'ook, Foulke, Goodman, Gregory of Montgomery, 
Gregory of Warren, Griffith, Groves, Hershey, Hogate, James, Kil- 
gore. Major, Meredith, Miller of Tippecanoe, McVey, Newcomb, 
Olleman, Prather, Reese, Rhoads, Rice, Riford, Sabin, Shuey, Sim, 
Steward, Stivers, Stringer, Trusler, Upson, "Welch, Whiteside, Willis, 
Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 45. 

So the motion to lay the amendment of Mr. Shuey on the table 
did not prevail. 

A message from the Governor by Mr. Sulgrove, his Secretary. 

The question being on the motion to commit House bill No. 13 and 
amendments to the Committee on Ways and Means, 

Mr. Brown offered the following amendment : 

Provided, That no person who shall have been convicted of the 
crime of having belonged to any treasonable association, and has 
given aid and assistance to the public enemy, by a competent court, 
having jurisdiction of the offense, shall be entitled to the benefits of 
the provisions of the foregoing bill. 

Mr. Newcomb moved to postpone the subject until Tuesdav next, 
at 10 o'clock, A. M. 

Mr. Brown asked leave to withdraw his motion to commit. 
X Which was refused. 

The House then refused to commit. 

Mr. Newcomb's motion then prevailed. 

Mr. Branham moved that the rules be suspended, and that the 
orders of the day be taken up. 
Which was agreed to. 

HOUSE BILLS ON SECOND READING. 

House bill No. 15. Read a second time and referred to the Com- 
mittee on Roads. 

House bill No. 16. Read a second time and referred to the Com- 
mittee on the Judiciary. 



141 

Message from the Senate by Mr. Whittlesey, their Sccretano 

Mr. Speaker: 

I am directed by the Senate to inform the House of Representa- 
tives that the Senate has passed the following engrossed bills thereof ° 

Engrossed Senate bill No. 49. An act to authorize the State 
Treasurer to refund to Winslow, Lanier & Co. moneys paid by them 
by request of the Governor, as interest on State Bonds, with interest 
on amounts so paid, and declaring an emergency. 

In which the concurrence of the House is respectfully requested. 

Senate Joint Resolution No. 5. A joint resolution, inatructing our 
Senators and requesting our Representatives in Congress to secure 
the passage of a law placing certain persons therein named upon the 
Pension rolls. 

Which was read a first time and passed to a second reading. 

By unanimous consent^ 

Mr. Newcomb, from the Committee on the Judiciary, made the fol- 
lowing report : 

Mr. Speaker : 

The Committee on the Judiciary, to which were referred divers 
petitions of citizens in this State, praying for the enactment of a law 
authorizing the several counties and cities of the State to make appro- 
priations to pay bounties to persons entering the military service of 
the United States, to fill the quotas of soldier required from such coun- 
ties or cities, have had the same under consideration, and in accordance 
with the prayer of said petitioners, have instructed me to report the 
following bill and recommend its passage ; 

Mr. Newcomb introduced 

House bill No. 70. An act to authorize the several counties and 
incorporated cities in the State of Indiana to pay bounties to volun- 
teers in the army and navy of the United States, to contract debts 
and issue bonds, and to levy taxes to pay said bonds, and interest 
thereon ; to compensate oflScers for signing such funds, and to pro- 
vide for their ultimate redemption. 

Which was read a first time, and passed to a second reading. 

Mr. Branham moved to suspend the rules and take up Senate bill 
No. 49. 

Which was agreed to. 



142 

Senate bill No. 49 was taken from the table, and 
Read a first time and passed to a second reading. 

Joint Resolution No. 6 was read a second time, and. 

On motion by Mr. Brown, 
Was referred to the Committee on Federal Relations. 

Mr. Coffroth moved to suspend the rules and take up House bill 
No. 46. 

Which w^as agreed to. 

House bill No. 46 was read a second time, and, 

On motion by Mr. Coflfroth, 
Was referred to the Committee on the Judiciary. 

Joint resolution No. 7 was read a second time. 

Mr. Buskirk moved to suspend the rules and read the resolution a 
third time now. 

Those who voted in the afiirmative were, 

Messrs. Abbett, Atkinson, Banta, Beckett, Bonner, Bo^'d, Bran- 
ham, Burnes, Buskirk, Chambers, Church, Coffroth, Collins, Colover, 
Cox, Croan, Crook, Emerson, Ferris, Foulke, Goodman, Glazebrook, 
Gregg, Gregory of Montgomery, Gregory of Warren, Griffith, Groves, 
Hargrove, Harrison, Henricks, Higgins, Hogate, Hoover, Hunt, 
James, Johnson, Eilgore, Lasselle, Lopp, Major, Miller of Clinton, 
Milroy, McVey, Newcomb, O'Brien, Olleman, Osborn, Patterson, 
Perigo, Prather, Reese, Rhoads, Rice, Richardson, Riford, Sabin, 
Shuey, Sim, Spencer, Steward, Stenger, Stivers, Stringer, Stucky, 
Sullivan of Scott, Sullivan of Posey and Vanderburg, Thatcher, 
Trusler, Upson, Veach, Welch, White, Whiteside, Willis, Woodruff, 
Woods, Wright, Zeigler and Mr. Speaker — 79. 

Those who voted in the negative were, 

Messrs. Hershey and Miller of Tippecanoe — 2. 

So the rules were suspended and joint resolution No. 7 was read a 
third time. 

The question being shall the joint resolution pass. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Banta, Beckett, Bonner, Boyd, Bran- 
ham, Burnes, Buskirk, Chambers, Church, Coffroth, Collins, Colover, 



143 

Cox, Croan, Crook, Emerson, Ferris, Foulke, Goodman, Glazebrook, 
Gregg, Gregory of Montgomery, Gregory of Warren, Griffith, Groves. 
Hargrove, Henricks, Hershey, Higgins, Hogate, Hoover, Hunt, 
James, Johnson, Kilgore, Lasselle, Lopp, Major, Miller of Clinton, 
Miller of Tippecanoe, Milroy, McVey, Ncwcomb, O'Brien, Olleman, 
Osborn, Patterson, Perigo, Prather, Reese, Rhoads, Rice, Richard- 
son, Riford, Roach, Sabin, Shuey, Sim, Spencer Steward, Stenger, 
Stivers, Stringer, Stuckey, Sullivan of Scott, Sullivan of Posey and 
Yanderburg, Thatcher, Upson, Veach, Welch, White, Whiteside, 
Willis, WoodrulF, Woods, Wright, Zeigler and Mr. Speaker — 88. 

None voting in the negative. 

So the joint resolution No. 7 passed. 

Ordered that the Clerk inform the Senate thereof. 

Mr. Branham moved to take from the table House bill No. 14 and 
r^fer the same to the Committee on the Judiciary. 
Which was agreed to. 

Mr. Miller of Tippecanoe, moved to suspend the rules and take 
from the table the Governor's Message. 
Which was agreed to. 

To the General Assemhhj of the State of Indiana : 

I have received a communication signed by a number of gentlemen 
of the first respectability residing in Tippecanoe county, of which 
the following is a copy ; • 

Lafayette, Ind., Jan. 17, 1865. 

To His Excellency^ 

0. P. Morton, 

Governor of Indiana : 

giR : — '\Ye, the undersigned, a committee representing the citizens 
of Lafayette, and of Tippecanoe county, and the proprietors of the 
Stockwell Collegiate Institute of that county, have the honor to 
inform your Excellency, and through you the General Assembly now 
in session, that, under the instructions of their constituents, they 
stand prepared to convey to the State of Indiana, as a gift, the col- 
leo-e buildings of said Collegiate Institute, and the appurtenant 
grounds, situated at the village of Stockwell, near the city of Lafay- 
ette, together with one hundred and sixty acres of land lying adja- 
cent thereto, on condition that the same be accepted and adopted for 
the establishment of the Agricultural College which may be instituted 



144 

by the General Assembly under the munificent endowment provided 
by the act of Congress passed July 2, 1862. 

" The proposed gift embraces an elegant new brick edifice, built 
upon the principles of agricultural beauty, and with special reference 
to use as a first class educational establishment. It is one hundred 
and one feet long by forty-eight feet deep, solidly constructed 
throughout, and upon a plan which admits of numerous additions 
calculated to heighten rather than impair its present architectural 
effect. It is two stories high, above the basement, and is surmounted 
by a brick tower seventy-five feet high. It contains all the necessary 
rooms for Chapel, Study, Recitation, Lecture and Philosophical pur- 
poses, and in its present dimensions can accommodate about four 
hundred students. The grounds appurtenant to and surrounding the 
college building are covered by a fine open grove and embrace ne^frly 
eighteen acres. Facing these, and separated by a village street, is a 
tract, from six to twelve acres, which it is proposed to include in the 
donation, and which, it has been thought, would form a desirable site 
for the residences of the Faculty. 

The one hundred and sixty acre tract is distant about one square 
from the college grounds, but approachable by three streets. It is a 
smooth, level tract, enclosed, partly in timber and partly cultivated, 
and contains a large and fruitful orchard. It would answer excel- 
lently for the model farm, which will probably be, and adjacent to 
the Agricultural College. 

It may be added in this connection, that the village of Stockwell is 
situated exactly midway between Chicago and Cincinnati, on the 
Lafayette and Indianapolis Railroad, and, by this channel, is in con- 
venient railroad communication with all the principal towns and cities 
in Indiana. 

The undersigned, in conclusion, would remark, that they are fully 
impressed with the magnitude and value of the donation made to 
Indiana by our common country (whose generosity survives amidst 
her worst sufferings), and that in the application of this rich benefice 
a becoming regard to the scope and intent of the gift should exclude 
all considerations not comprehending the common interest of all parts 
of the State. Feeling that they have these in view in so remitting 
their proposal, and that the location they proffer would be to the gen- 
eral advantage of all sections of Indiana, they trust your Excellency 
may see fit to acquaint the General Assembly with their foregoing 
proposal ; in which hope they remain, 

Very respectfully, your Excellency's obedient servants, 

ROB'T STOCKWELL, W. H. HATCHER, 

W. F. REYNOLDS, HENRY TAYLOR, 

JAMES SPEAR, CYRUS BALL, 

JOHN L. SMITH, CHRIS. MILLER, 

SAM'L A. HLFF, GODLOVE 0. BEHNEE, 

JAMES P. LUCE, S.;C. KIRKPATRICK, 



JOHN A. STEIN, W. R. ELLIS 



145 

P^T™?SP^^^' HARNET R. WHITE, 

CHAS. WISE, MOSES FOWLER 

R. C. GREGORY, MARY E. COURTNEY 

JOHNPETTIT, W.P HEATH 

GEO. D. WAGONER, ADAM EARl! 

E. M. WEAVER, M. L. PEARCE, ; 

W. C. WILSON, ELI N. COOPER, ; 

D. H. CROUSE, JOHN L. REYNOLDS, 

The above communication is made upon the supposition that the 
Legislature will accept the grant of land made by Congress for the 
3stablishment of a College in which instruction in Agriculture and 
Mechanic Arts will be the paramount object, and that the fund real- 
zed from the grant will be applied to the establishment of one insti 
:ution, and not divided among several existing colleges. Should such 
DC your action, I desire to call your attention to this very generous 
proposition, and trust it will be duly considered. The property 
)ffered is valuable and the location is healthy, and in the midst of a 
)rosperous agricultural community, and the high character of the 
gentlemen making the offer is a sufficient guarantee of its perfor- 
jnance on their part. In laying this proposition before you, I do not 
vish to bo understood as recommending its acceptance over any other 
hat may be made. Should such an institution be established there 
nil be, doubtless, much competion for its location. Other offers will 
«e made, and other localities presented ; among which it will be the 
,uty of the Legislature to select the best, all circumstances considered 

0. P. MORTON, 

,,„ . , Governor of Indiana, 

Which, 

On motion, 

Was referred to the Committee on Education. 

Messrs. Ferris, Lasselle and Puett were granted leave of absence 
II Monday ; Mr. Sullivan of Scott till Tuesday, and Mr. James tm 
V"ednesday next. 

On motion by Mr. Burnes, 

The House adjourned till 9 o'clock to-morrow morning.' 



I 
H, J.— 10 



146 



SATURDAY MORNING, 9 o'clock, ) 
January 21st, 1865. J 



The House met. 



The Speaker ordered a call of the House, ^hen the following mem- 
bers answered to their name^ : 

Messrs. Ahbett, Banta, Beckett, Bird, Bonner Boyd, Branham, 
Burnes, Chambers, Coffroth, Collins, Colover, Cox, Croan, Crook 
Emerson, Goodman, Glazebrook, Gregory of Warren, Gregory of 
Montgomery, Griffith, Groves, Hargrove Harrison, Henricks, Her- 
shev HicTffins, Hoover, Hunt, Kilgore, Lemon, Lopp, Major Mere- 
dith,' Mikoy, Montgomery, McVey N^^^^^^^.^^/^^.^', .^^^^S 
Osborn, Patterson, Perigo, Prather, Reese, Rice, Riford Sabm Shoaff 
of Allen, Shuey, Sim, Spencer, Steward, Stenger, Stivers Sullivan 
of Posey and Vanderburg, Thatcher, Trusler, Upson, Teach, Welch, 
Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker— 67. 

' The Journal was then read and approved. 
Message from the Senate by Mr. Whittlesey, their Secretary. 

^R. Speaker: 

I am directed by the Senate to inform the House of Representa- 
tives that the Senate has adopted the following concurrent resolution: 

Resolved by the Senate, {the House of Representatives concurring 
therein,) That the Doorkeepers of their respective Houses be instructed 
to suspend the National Flag to the dome of the Capitol, to remain 
during the present session of the Legislature; Provided, the Sd.m^ 
can be procured on reasonable terms. 

In which the concurrence of the House is respectfully requested. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Sabin, 

A petition in behalf of the citizens of Steuben county. State o 
Indiana, praying that the laws regulating the price of labor on th< 
Mehways may be altered or amended so that each person performing 
labor thereon shall be entitled to one dollar and fifty cents per day 
instead of one dollar per day. 

Which, 
On motion, 

Was referred to the Committee on Roads. 



147 

REPORTS FROM STANDING; COMMITTEES. 

Mr, Trusler, from the Committee on the Judiciary, made the fol- 
lowing report : 

Mr. Speaker : 

I am instructed by the Judiciary Committee, to wliom was referred 
the resolution in relation to the ordinance of the city of Indianapolis, 
providing for the punishment of persons recruiting or soliciting enlist- 
ments in said city, to recommend that said resolution be referred to a 
select committee appointed by the Chair, to inquire into the propriety 
or legality of said ordinance, and submit the following resolution for 
adoption : 

Resolved^ That the Committee on the Judiciary be instructed to 
inquire and report to this House, without delay, wliat legislation is 
necessary to protect the citizens of the State from an ordinance of 
the city of Indianapolis for the punishment of persons soliciting 
enlistments or obtaining substitutes in said city, and report by bill or 
otherwise. 

Which was concurred in. 

Mr. Boyd, from the Committee on Claims, made the following 
report : 

Mr Speaker: 

The Committee on Claims to whom was referred the claim of Sam- 
uel H. Patterson, have had the same under consideration, and are sat- 
isfied that there is due said Patterson from the State the sum of 
$2,091 34, and they beg leave to report the following bill, and re- 
commend its passage. 

Which, on motion, was laid on the table. 

Mr. Buskirk gave the following notice : Notice is hereby given, 
that I will move to amend the Standing Rules of this House by pro- 
viding that when a bill has been committed to a Standing or Special 
Committee, and such Committee shall report amendments thereto, the 
House shall take action on such amendments immediately, unless the 
further consideration thereof shall be postponed by a vote of the 
House. 

Mr. Gregory, Chairman of the Committee on Education, made the 
following report. 

Mr. Speaker: 

The Committee on Education have instructed me to make the fol- 



148 

lowing report on joint resolutions No. 3 and 4, offered by Mr. Woods 
of Lake county, in relation to the proposition to amend Article 8 of 
the Constitution so as to enable cities, towns, townships and sub-dis- 
tricts to levy taxes for the support of common schools ; also to amend 
the 23d Section of Article 4th of the Constitution on the same sub- 
ject. Your Committee are of the opinion that further legislation on 
that subject at this time is inexpedient; that the object sought by said 
change in the Constitution can be remedied by incurring the geperal 
tax for the support of common schools under the present Constitution ; 
that the Committee on Education are now preparing a bill on that 
subject, of a uniform character throughout the State by an increase of 
taxation, so that a few schools may be taught from 6 to 8 months in 
the year in cities, towns and townships. 
All of which is respectfully submitted. 

Which was concurred in. 

Mr. Major, from the Committee on Fees and Salaries, made the fol- 
lowing report. 

Mr. Speaker : 

I fim instructed by the Committee on Fees and Salaries, to whom 
was referred House bill No. 4, introduced by Mr. Griffith, and enti- 
tled an act fixing the per diem and mileage of Senators and Repre- 
sentatives of the Groneral Assembly, for providing officers therefor, 
and fixing the compensation thereof, to report that they have had the 
same under consideration and would amend by striking out the 2nd 
and 3d sections of said bill, inasmuch as the 10th section of the 4th 
Article of the Constitution fully provides that each House shall 
choose its own officers. 

Which, on motion, was laid on the table. 

^ Mr. Branham's motion to amend Rule, No. 54, by striking out 12 
and inserting lOJ o'clock, was taken up, and, 

On motion by Mr. Branham, 

The same was adopted. 

Mr. Bird introduced 

House bill, No. 71. A bill for the relief of Ann Vizard, &c., 

Which was read a first time, and passed to a second reading. 

Mr. Gregg offered the following resolution : 

Resolved, That the Hall of the House be tendered to the Hon. 



149 

Henry "Walker on Tuesday evening next, for the purpose of his de- 
livering a lecture on the condition of the country. 
Which was adopted. 

Mr. Rhoads, from Joint Committee on Enrolled Bills, made the 
following report : 

Mr. Speaker : 

The Joint Committee on Enrolled Bills respectfully report, that 
on the 20th day of January, 1865, they presented to his Excellency, 
0. P. Morton, Governor of the State, enrolled House bill, No. 3, for 
his approval and signature. 

Which, 

On motion, 
Was laid on the table. 

Mr. Henricks moved to take from the table House bill, No. 72, 
reported by the Committee on Claims yesterday. 
Which was agreed to. 

House bill, No. 72. An act to reimburse Samuel H. Patterson, 
late lessee of the Indiana State Prison, for money expended by him 
on account of vvprk and labor rendered by sundry convicts during 
said Patterson's lease of said prison. 

Which was read a first time, and passed to a second reading. 

Mr. Rice introduced 

House bill, No. 73. An act to amend sections six. ten, fourteen 
and twenty, of an act entitled, an act providing for the election or 
appointment of Supervisors of Highways, and prescribing certain of 
their duties, and those of County and Township OtBcers in relation 
thereto : approved, March 5th, 1859. 

Which was read a first time, and passed to a second reading. 

Mr. Miller, of Clinton, introduced 

House bill. No. 74. A bill relating to forms of conveyance of real 
estate sold on execution by Sherifi's or Coroners, and prescribing cer- 
tain duties of Clerks of Courts, and the compensation thereof. 

Which was read a first time, and passed to a second reading. 

Mr. Branham moved to suspend the order of business, and take up 
Senate bill. No. 49. 

Which was agreed to. 



150 
Senate bill, No. 49, was read a secoml time. 
Mr. Coifroth oflfering the following amendment : 

That the sum of six hundred and forty thousand dollars be and the 
same is hereby appropriated, to pay the interest upon our public 
debt falling due July, 1863, January and July, 1804, and January, 
1865; that upon the 'passage and approval of this act, the Auditor of 
State shall draw his warrant on the Treasurer of State for said sum 
of money, and that said sum of money is hereby placed under the ' 
control and management of the Treasurer of State, who is authorized 
and empowered, and directed to pay to the owners of the Bonds of 
the State such interest as may be due and unpaid thereon, or to the 
assignee or assignees of the several installments of interest on such 
Bonds ; and the said Treasurer is directed to take proper receipts for 
such interest, and an assignment to the State of the assignments made 
by the bondholders for such interest. 

Sec. 2. That an emergency exists for the immediate taking eftect 
of this act, therefore the same shall take effect and be in force from 
and after its passage, and iiling in the office of the Secretary of State. 

The question being on the adoption of the amendment offered by 
Mr. Coffroth, 

Messrs. Buskirk and Coffroth demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Beckett, Bird, Brown, Burwell, Buskirk, Coffroth, Col- 
lins, Colover, Croan, Dunham, Glazebrook, Gregg, Hargrove, Har- 
rison, Howard, Hunt, Lemon, Lopp, Miller of Clinton, Milroy, 
O'Brien, Osborn, Patterson, Perigo, Roach, Shoaff of Allen, Spencer, 
Stenger, Stuckey, Thatcher and Yeach — 31 

Those who voted in the negative were, 

Messrs. Banta, Boyd, Branham, Burnes, Chambers, Church, Cox, 
Crook, Emerson, Foulke, Goodman, Gregory of Montgomery, Greg- 
ory of Warren, Griffith, Groves, Henricks, Hershey, Higgins, Hogate, 
Hoover, Johnson, Kilgore, Mnjor, Meredith, Miller of Tippecanoe, 
Montgomery, McVey, Newcomb, Olleman, Prather, Reese, Rhoads, 
Rice, Riford, Sabin, Shuey, Sim, Steward, Stivers, Sullivan of Posey 
and Vanderburg, Trusler, Upson, Welch, W^illis, Woodruff, Woods. 
Wright, Zeigler and Mr. Speaker — 49. 

So the amendment was lost. 

Mr. Buskirk offered the following amendment : 

That the sum of six hundred and forty thousand dollars be and the 



151 

same is hereby appropriated to pay the interest upon our public debt 
falling due July, 1863, January and July, 1864, and January, 1865; 
that upon the passage and approval of this act the Auditor of the 
State shall draw his warrant on the Treasurer of State for said sum 
of money, and that said sum of money is hereby placed under the 
control and management of the Treasurer of the State, who is author- 
ized, empowered and directed to pay to the owners of the bonds of 
the State such interest as may be due and unpaid thereon, and to the 
assignee or assignees of the several installments of interest on such 
bonds, and the said Treasurer is directed to take the proper^ receipts 
for such interest and an assignment to the State of the assignments 
made by the bondholders for such interest. 

Section 2. That interest at the same rate as is borne by the 
bonds themselves, shall be paid to the bondholders or their assignees 
upon the unpaid installments of interest on such bonds from the tim« 
that such installments became due to the present time, and such fur- 
ther sum is hereby appropriated as may be required to pay such 
interest on the unpaid installments of interest on our public bonds. 

Section 3. That an emergency exists for the immediate taking 
effect of this act, therefore the same shall take effect and be in force 
from and after its passage, and filing in the office of the Secretary of 

State. 

Mr. Church demanded the previous question, 
Which was seconded. 

The question being, shall the main question be now put? 
Messrs. Brown and Beckett demanded the ayes and noes. 
Those who voted in the affirmative were, 

Messrs. Banta, Boyd, Branham, Burnes, Chambers, Church, Cox, 
€rook, Emerson, Foulke, Goodman, Gregory of Montgomery, Gregory 
of Warren, Groves, Henricks, Hershey, Higgins, Hogate, Hoover, 
Johnson, Kilgore, Major, Meredith, Miller of Tippecanoe, Montgom- 
ery, 011eman,Prather,''Reese,Rhoads, Rice,Riford, Sabin, Shuey,Sim, 
Steward, Stivers, Sullivan of Posey and Vanderburgh, Trusler, Upson, 
Willis, Woodruff, Woods, Zeigler and Mr. Speaker— 44. 

Those who voted in the negative were, 

Messrs. Beckett, Bird, Brown, Burwell, Buskirk, Coffroth, Collins, 
•Colover, Croan, Dunham, Glazebrook, Gregg, Hargrove, Harrison, 
Howard, Hunt, Lemon, Lopp, Miller of Clinton, Milroy, McVey, 
Newcomb, O'Brien, Osborn, Patterson, Perigo, Roach, Shoaff of Allen, 
Spencer, Stengcr, Stuckey, Thatcher, Veach, Welch, and Wright— 35. 



152 

So the main question was ordered to be put 

Mr. Branham moved that when the House adjourn, it adfourn till 
2 o'clock, P. M., Monday. 
Which was agreed to. 

The Speaker laid before the House the following communicatioiL 
from the Governor, by Mr. Sulgrove, his Private Secretary. 



M"r. Speaker : 



State of Indiana, Executive Department, 1 

Indianapolis, January 21st, 1865. y 



I am directed by the Governor to inform the House that he ha* 
approved House bill. No. 3, entitled an act to legalize the proceedings 
of the Court of Common Pleas of Jackson county, nt the October 
term, 1864. 

Mr. Gregory moved that the Committee on Education be allowed a 
Olerk during the remainder of the session. 
Which was agreed to. , 

Pending the main question, and the amendment of Mr. Buskirk. 
On motion of Mr. Buskirk, 
The House adjourned. 



MONDAY AFTERNOON, 2 o'glogk.X 
January 23d, 1865. / 

The House met. 

The Speaker ordered a call of the House, when the following 
members answered to their names : 

Messrs AbbettBanta, Beckett, Bird Boyd, Branham, Burnes, 
Burwell Church, Collins, Colover, Cox, Croan, Crook, Emerson 
Ifoulke, Goodman, Glazebrx)okj. Gregory of Montgomery, Gregory of 



153 

Warren, Groves, Hargrove, Henricks, Hershey, Higgms, Hogate^ 
Hoover, Hunt, Johnson, Kilgore, Lemon, Lopp, Major, Meredith,. 
Miller of Tippecanoe, Miller of Clinton, Milroy, Montgomery, McVey^ 
O'Brien, Olleman, Osborn, Patterson, Perigo, Puett, Reese, Richard- 
son, Riford, Roach, Sabin, Shoaff of Allen, Shoaff of Jay, Shuey^ 
Sim, Steward, Stenger, Stuckey,Trusler, Upson, Yeach, Welch, White^ 
Woodruff, Woo^s, Wright, Zeigler and Mr. Speaker — 67. 

The Journal was then read and approved. 

The pending question on the adjournment on Saturday, being on the 
amendment offered by Mr. Buskirk, to Senate bill No. 9, the same 
was taken up. 

Those who voted in the affirmative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burwell, Buskirk, Collins, 
Colover, Croan, Glazebrook, Gregg, Hargrove, Humphreys, Hunt, 
Lasselle, Lemon, Lopp, Miller of Clinton, Milroy, O'Brien, Osborn, 
Patterson, Perigo, Puett, Richardson, Roach, Shoaff of Allen, Shoaff 
of Jay, Spencer, Stenger, Stuckey, Yeach and White — 83. 

Those who voted in the negative werCy * 

Messrs. Banta, Boyd, Branham, Burns, Church, Cox, Crook, Emer- 
son, Foulke, Goodman, Gregory of Montgomery, Gregory of Warren,. 
Griffith, Groves, Henricks, Hershey, Higgins, Hogate, Hoover, John- 
son, Kilgore, Major, Meredith, Miller of Tippecanoe, Montgomery,. 
McYey, Newcomb, Olleman, Prather, Reese, Rhoads, Riford, Sabin^ 
Shuey, Sim, Steward, Stringer, Trusler, Upson, Welch, Woodruff,. 
Woods, Wright, Zeigler and Mr. Speaker— 45. 

So the amendment was lo-st. • 

Mr. Brawn offered the following amendment r 

Amend the preamble by inserting the following : 

Ani> Whereas, Such bondholders assigned to Winslow, Lanier & 
Co. their claims for installments of interest, who assigned the 
same to Matthew L. Brett, who is now the legal holder thereof. 

Amend the first section by striking out the name of Winslow,. 
Lanier & Co., and insert the name of Matthew L. Brett. 

Message from the Senate, by Mr. Whittlesey, their Secretary : 

Mr. Speaker : 

I am directed by the Senate to return to the House the accompa- 
nying preamble and resolution, relative to the transmission of mes~ 



154 

sage, from the House to the Senate, and to inquire whether the said 
preamble and resolution actually passed the House, and is intended 
to be considered as a part of the proceedings thereof. 

To which inquiry of the Senate, an answer is respectfully requested. 
Message from the Senate, by Mr. Whittlesey, their Secretary. 

Mr. Speaker : 

I am directed by the Senate to inform the House of Represent^i- 
tives that the Senate has passed the following engrossed bills thereof, 
to-wit : 

Engrossed Senate bill No. 4. A bill to provide for the making and 
authentication of transcripts from the records of the Recorder's 
office in certain cases, and for the admissibility in evidence of the 
same, and certified copies of deeds and mortgages contained therein. 

Engrossed Senate bill No. 7. A bill to amend section second of 
an act approved May 11th, 1861, entitled "an act to fix the times of 
holding!: Courts of Common Pleas in the several counties of this State, 
the duration of the terms thereof, and making all process returnable 
to such terms, and declaring when this act shall take effect, and 
repealing all laws inconsistent therewith," approved May 5th, 1859. 

Eno^rossed Senate bill No. 8. A bill to amend an act entiled " an 
act to repeal all laws now in force for the incorporation of cities, pre- 
scribe their powers and rights, and the manner in which they shall 
exercise the same," approved March 9th, 1857. 

Engrossed Senate bill No. 11. An act repealing section 10 of an 
act entitled " an act to establish Courts of Conciliation, to prescribe 
rules and proceedings therein, and compensation of the judges there- 
of," approved June 11th, 1852, and declaring when the same shall 
take effect. 

Engrossed Senate bill No. 14. A bill to amend an act entitled 
-^* an act in relation to County Treasurers," approved June 4th, 1852, 
and declaring an emergency. 

Engrossed Senate bill No. 1. A bill appropriating seventy-five 
thousand dollars for the expenses of the present session of the Gen- 
eral Assembly, and providing the manner of the payment of the 
members and officers, and their assistants, and appointees of the Sen- 
ate and House of Representatives. 

Also, Senate Engrossed Joint Resolution No. 10. A Joint Reso- 



155 

lution relative to the establishment of a Bonded Tobacco Warehouse 
at Evansville, Indiana. 

In which the concurrence of the House of Representatives is 
respectfully requested. 

1 am also directed to return to the House the following engrossed 
Joint Resolution thereof, the same having passed the Senate : 

Engrossed Joint Resolution of the House No. 7. A Joint Resolu- 
tion, mstructing our Senators, and requesting our Representatives in 
Congress, to endeavor to obtain an appropriation for the improvement 
of the harbor at Michigan City. 

Messrs. Atkinson and Stivers were granted leave of absence. 

The pending question being on the amendment offered by Mr. 
Brown to Senate bill No. 49, 

On motion by Mr. Buskirk, 

The House adjourned till 9 o'clock to-morrow morning. 



TUESDAY MORNING, 9 o'clock, \ 
January 24th, 1865. j 

The House met. 

Journal read and approved. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Meredith, 

A remonstrance from the citizens of Sullivan county, Indiana, 
protesting against the Commissioners appropriating money for the 
protection of persons who might be drafted in said county to fill the 
recent call of the President for five hundred thousand men. 

Which, 

On motion. 

Was referred to the Committee on the Judiciary. 

By Mr. Higgins, 

A petition from Stephen T. Meade, Sheriff of Laporte county 



156 

submitting claim for money expended bj him in conveying Alvin 
Mott, a prisoner, from Laporte to Jeffersonville, Indiana, and asking 
compensation therefor. 

Which 

On motion, 

Was referred to the Committee on Claims. 

By Mr. Kilgore, 

A petition praying for the relief of L. S. Newell, teacher of music 
in the Institute for the Blind. 
Which, 

On motion, 
Was referred to the Committee on Claims. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Wright, from the Committee on Manufactures and Commerce, 
made the following special report : 

Mr. Speaker : 

The Committee on Manufactures and Commerce, to which was 
referred House bill No. 63, with amendment, has had the same under 
consideration and have directed me to report the same back to the 
House and ask the adoption of the amendment, and when so amended 
recommend the passa2;e of the bill ' 

Which, 
On motion, 

Was laid on the table. 

Mr Meredith from the Committee on Benevolent and Scientific 
Institutions, made the following special report : 

Mr. Speaker: 

The Committee on Benevolent and Scientific Institutions, to which 
was referred the following preamble and resolutions, have examined 
as foTlows resolutions, and have directed me to report 

RESOLUTIONS. 

Whereas: The law for the government of the Asylum for the Deaf 
and Dumb forbids that any Trustee thereof shall be allowed to 
furnish materials for building purposes, nor shall they be either 
directly or indirectly interested in the purchase of an/article of 
merchandise or supplies for the use of such Institutions, and 



157 



« 



Whereas : Andrew Wallace has for several years been President of 
the Board of all the Benevolent and Scientific Institutions, includ- 
ing the Asylum for the Deaf and Dumb, and 

Whereas : The Annual Report of the Commissioners, Superintend- 
ent and Steward of the Indiana Hospital for the Insane for the 
year 1864 shows that one Andrew Wallace has furnished to such 
Institution about fifteen thousand dollars worth of groceries; 
therefore, / 

Resolved, That the Committee on Benevolent and Scientific Insti- 
tutions, be instructed to inquire and report if the said Andrew Wal- 
lace, who sold said groceries is the same person who was and is the 
President of the said Boards, and that said Committee be further 
instructed to make a thorough and careful investigation into the 
management of all of said Institutions, and ascertain and report 
whether any officer connected with either or all of such Institutions 
has furnished any materials or supplies to said Institutions, and if 
any such officer has so furnished such materials and supplies to report 
the name of such officer, and the Institution of which he is a^Trustee 
or an officer, and the value of such materials and supplies, with such 
recommendation as may be deemed right and proper, under all the 
facts and circumstances, and such Committee shall have power to 
send for persons and papers, and examine witnesses under oath. 

And that said Andrew Wallace shall have the right to be present 
at such investigation, and introduce evidence, if he desires so to do. 

In pursuance of the instructions of the foregoing resolution, the 
Committee reports that the said Andrew Wallace referred to in said 
resolution is the same person who is President of the Board of Com- 
missioners of the Hospital for the Insane, and also President of the 
Board of Trustees for the Deaf and Dumb and Blind Asylums, and 
is also the same person who has furnished these Institutions with 
divers articles of merchandize during the past two years. And, fur- 
thermore, the Committee, under the resolution copied herein, have 
examined persons, papers and accounts as to the circumstances under 
which said articles of merchandize were furnished by the said Wal- 
lace to said institutions. The Statute governing the Hospital for 
the Insane does not prohibit any Commissioner, or Trustee, or officer 
connected with such institutions from furnishing them with building 
material or merchandise ; therefore, the said Andrew Wallace violated 
no provision of the Statute in so doing. 

The Committee further report, that the said Andrew Wallace, as 
appears by the Annual Report of the Board of Trustees and Steward 
of the Insane Hospital, has sold to said Hospital large amounts of 
merchandize ; but on the examination of persons and accounts, 
such sales, it appears, have been made at prices so low, in compari- 
son with the ruling prices of such articles at the time such sales were 
made, as to preclude the idea of any desire on the part of Mr. Wal- 



158 

lace to speculate off sucli institutions or charge unreasonable prices 
for merchandize thus sold. In no instance does it appear, after care- 
ful examination by the Committee, that the said Wallace has extorted 
or dealt unfairly with either of the institutions referred to in the 
resolution of instructions copied above. 

The section of the statute prohibiting any Trustee or resident offi- 
cer from selling to the Blind Asylum reads as follows : 

" There shall in no case be purchased of any of the Trustees or res- 
ident officers any article for the use of the Institute or for building, 
or other purposes, excepting when such purchase shall be recom- 
mended by the Superintendent, and approved by a unanimous vote of 
the Board of Trustees." 

By referance to the Annual Report of the Trustees and Superin- 
tendent of the Institute, for the Education of the Blind, it is ascer- 
tained that the said Andrew Wallace during the two past years has 
sold such Institute merchandise to the amount, as it appears b}^ the 
Report, of rear ^3,000; but that such sales were made under the 
recommendation of the Superintendent, and approved by a unanimous 
vote of the Board of Trustees, as provided by the section of the 
statute quoted above, and that such merchandise was sold as cheaply 
as could be bought elsewhere in the market, and under such circum- 
stances as to totally preclude the idea of any attempt or desire on 
the part of the said Wallace to speculate off the Institute by such 
sales. And furthermore, the Committee reports that an examination 
of the management of the Benevolent Institutions under the resolu- 
tion copied above, discloses no case of official misconduct in the way 
of furnishing merchandise to said Institutions or Asylums. In consid- 
eration of the circumstances involved in the subject matter of this 
report, the Committee unanimously agree in recommending Andrew 
Wallace as a faithful public officer, of the strictest integrity in the 
discharge of his official duties as President of the Board of Commis- 
sioners for the Hospital for the Insane, and also as President of the 
Board of Trustees of the Deaf and Dumb and Blind Asylums or Insti- 
tutes. And furthermore, the Committee respectfully ask to be dis- 
charged from the further consideration of the subject matter involved 
in said resolution. 

Mr. Buskirk moved to lay the report on the table. 
Which was agreed to. 

Mr. Steward, from the Committee on Libraries, made the following 
report : 

Mr. Speaker: 

The Joint Committee to whom was referred the Report of the State 



159 

t 

Librarian, with accompanying documents, report that they have had 
the same under consideration, and after the examination of the Li- 
brary rooms, submit the following report : 

Your Committee would say that they find the Library, generally, 
in good condition ; the manner in which it is arranged, reflects great 
credit on the taste and diligence of the late Librarian. There is a 
decided neatness and order about the arrangement that must command 
the attention of any one. The amount allowed by law for refitting, 
rebinding, and all other internal improvements, is entirely inadequate 
to pay for the amount of work that should be done in that line. 

Your Committee, therefore, recommend that a sum not less than 
one thousand dollars be appropriated annually for that purpose. 

Your Committee further join in the recommendation of the retiring 
Librarian, that the annual compensation of the Librarian be so in- 
creased, as to be in some correspondence with the enhanced price of 
living. 

There should also, in the estimation of your Committee, be a con- 
tingent fund of from four to five hundred dollars placed in the hands 
of the Librarian, to meet expenses on Express matter, postage and 
stationery. 

Your Committee learn that some gentlemen in this city, employed 
an Artist to paint a portrait of the late Stephen A. Do-uglass, which 
was, at their suggestion, placed in the State Library. On this painting 
the late Librarian paid a balance of ten dollars, for which he holds a 
voucher. Your Committee recommend an allowance of the above 
sum to Mr. Stevenson. 

Such portraits are an ornament to the Library, and your Committee 
recommend that the Librarian be directed to procure for the Library 
the portraits of all who have been Governors of this State and Ter- 
ritory. 

Which, 

On motion of Mr. Branham, 

Was referred to the Committee on Ways and Means. 

HOUSE BILLS ON FIRST READING. 

Mr. Hargrove introduced 

House bill No. 75. A bill to empower Railroads to construct 
Branches to neighboring coal mines. 

Which was read a first time, and passed to a second reading. 

Mr. Henricl^ gave notice that he would, at the proper time, move 
to amend Rule? 58 and 59, so as to refer bills on first reading. 

Mr. Henricks offered the following amendment : 

Amend the 58th Rule, by striking out the following worda in the 



160 

fourth line, to wit : " The bill shall go to its second reading without 
a question/' and insert in lieu thereof the following words, to wit : — 
The bill may then be referred to a committee without debate, and any 
member of the House desiring to prepare an amendment or amend- 
ments thereto, may hand the same in writing to the Chairman of such 
Committee, who shall present the same to such committee, when said 
bill is under consideration. 

Amend Rule 59, by striking out the word "committed" in the 
second line, and insert the word " re-committed " in lieu thereof. 

Mr. Miller, of Clmton, introduced 

House bill No. 76. A bill to amend the 79th a.nd 97th sections of 
an act entitled, an act to provide for a general system of Common 
Schools, the officers and their respective powers and duties, and mat- 
ters properly connected therewith; and for the establishment and 
regulation of Township Libraries, and to repeal all laws inconsistent 
therewith. 

Which was read a first time, and passed to a second reading. 

Mr. Newcomb introduced 

House bill No. 77. A bill to provide for the settlement of the 
estates of persons who have been absent from their place of residence 
and not heard from for seven years or more. 

Which was read a first time, Sbud passed to a second reading. 

Mr, Johnson introduced 

House bill No. 78. A bill to provide for the sale of certain lands 
belonging to the State of Indiana in the counties of Jasper and 
Newton, and to give pre-emption to actual settlers thereon. 

Which was read a first time, and passed to a second reading. 

Mr. Stringer introduced 

House bill No. 79. A bill to amend an act entitled, **An Act 
providing for the election or appointment of Supervisors of high- 
ways, and prescribing certain of their duties, and those of county 
and township officers in relation thereto," approved March 5th, 1859, 
^Which was read a first time, and passed to a second reading. 

Mr. Osborne introduced ^ 

House bill No. 80. A bill to raise a revenue for State purposes, 
for the years 1865 and 1866. 

Which was read & first time, and passed to a second reading. 



161 

Mr. Coffroth introduced . • 

House bill No. 81. A bill to amend section second of an act entitled, 
"** An Act to enable the owners of wet lands to drain and reclaim 
them, when the same cannot be done without affecting the lands of 
others," approved March 7, 1863. 

Which was read a first tinae and passed to a second reading. 

Mr. Shoaff, of Allen, offered the following resolution : 

WherBaS: As the contestor for the seat of Cornelius J. Millet, 
Representative from the county of Clinton, has been notified by 
the coritestee in said case of his (contestee's) intention to proceed 
to take the deposition of one B. N. Waddell on Thursday, the 26th 
instant, at Michigan town, in Michigan township, in said county, tc 
be read in evidence in said case, 

Hesolved, That said contestee be allowed to take the deposition of 
said witness at said time and place, and that the same be admitted in 
evidence in said contest, and that said contestee be granted leave of 
absence for that purpose. 

Mr. Griffith offered the following amendment : 

To amend the resolution of Mr. Shoaff, of Allen by inserting in 
the proper place, " provided said depositions be taken within one 
week from the present time." 

The resolution as amended was adopted. 

The hour having arrived for the special order, which was on the 
reference of House bill No. 13, and Mr. Brown's amendment, the 
same was taken up. 

By unanimous consent^ ^ 

Mr. Brown withdrew his amendment. 

Mr. Brown then offered the following amendment as a substitute fo 
the one withdrawn : . 

Provided, That no person or persons who shall have been duly 
convicted, by a competent court having jurisdiction of the offense, of 
having accepted a commission or commissions from any person or 
persons, State or States, or other enemies of this State, or the United 
States, for the purpose of joining or commanding any army or band 
of men hostib to, or in rebellion against this State, or the United 
States, or who shall knowingly and willfully aid or assist any enemies 

H. J, — IL 



162 

iQ open war, or persons in rebellion against this State, or the United 
States, by joining their armies, or by enlisting, or procuring or per- 
suading others to enlist for that purpose, or by furnishing such ene- 
mies or persons in rebellion with arms or ammunition or provisions, 
or any other articles for their aid or comfort, or by shipping, sending 
or carrying to such enemies or rebels, or their agents, any arms, 
ammunition, provisions, or other articles for their aid or comfort, or 
by carrying on a traitorous correspondence with them, or shall form 
or be in anywise concerned in forming any combination, or plot, or 
conspiracy for betraying this State, or the United States, or the 
armed forces of either, into the hands or power of any foreign- 
enemy, or of any organized or pretended government, engaged in 
resisting the laws or authority of the Government of the United 
States of America, or shall give or send any intelligence to such 
enemies or pretended government, or their forces, for that purpose, 
shall not be entitled to the benefit of the provisions of the foregoing 
bill. 

Mr. Buskirk moved that when the House adjourn, it adjourn till 2 
o'clock P, M., and that House bill No. 13, and the amendment 
ofiFered by Mr. Brown, be made the special order for that time. 

Which was agreed to. 

The pending question on the adjournment yesterday being on Sen- 
ate bill No. 49 and Mr. Brown's amendment the same was taken up. 

On motion by Mr. Collins,- 
The House adjourned. 






TUESDAY AFTERNOON, 2 o'ctlock, 
January 24th, 1865 



CK,> 



The House met. 

House bill No. 13 and Mr. Brown's amendment, having been made 
th^ special order for this hour, the same was taken up. 

Mr. Newcomb moved to refer the bill and pending amendment to 
the Committee on Claims. 

Mr. Brown moved to amend by referring to the Committee on the 
Judiciary. 



163 

Mr. Buskirk offered the following amendment : 

Amend Section 4 of House bill No. lo by adding to tlie end of 
the section the following : 

And shall, as soon as their labors are completed, report their pro- 
ceedings, their finding and the facts upon which each claim ia founded, 
to the " Revisory Board/' separating said claims into tlie followino" 
classas. 

1st. Claims for property taken, destroyed or injured by the rebels. 

2nd. Claims for property taken, destroyed or injured by Union 
forces under command of United Sta-tes officers. 

3rd. Claims for property taken, ^ destroyed or injured bv Union 
forces not under the command of United States officers, with a state- 
ment showing specifically in each case under what circumstances and 
by what authority such property was so taken, injured or destroyed. 

Sec. — . Each claimant for personal property shall prove whether 
the same was listed in his name in 1863 for taxation in this State 
and if so whether he placed the valuation thereon, and no claimant for 
the loss or destruction of property so listed and valued by himself 
shall be allowed a greater sum than such valuation. 

The question being shall House bill No. 13 and pending amend- 
ments be referred to the Committee on the Judiciary. 
It was so referred. 

Mr. Miller, of Tippecanoe, moved to suspend the order of business 
and take up Senate bill No. 49. 
Which was unanimously agreed to. 

Mr. Wright demanded the previous question. 
Which was seconded. 

The question being shall the main question be now put ? 

Messrs. Brown and Coffroth demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Church, Cox, Crook, 
Emerson, Ferris, Foulke, Goodman, Gregory of Warren, Gregory ot^ 
Montgomery, Groves, Henricks, Herbhey, Higgins, Hogate, Hoover, 
Johnson, Major, Meredith, Miller of Tippecanoe, Montgomery, 
McVey, Newcomb, Olleman, Prather, Rhoads, Rice, Riford, Sabin, 



164 

Shuey, Sim, Steward, Stringer, Sullivan of Posey and Vanderburgh 
Trusler, Upson, Welch, Whiteside, Willis, Woodruff, Woods, Wright, 
Zeigler and Mr. Speaker — 48. 

Those who voted in the negative were, 

Messrs. Abbett, Bird, Brown, Burwell, Buskirk, Chambers, Cof- 
froth, Collins, Colover, Croan, Dunham, Glazebrook, Gregg, GriiEth, 
Hargrove, Harrison, Hunt, Lasselle, Lemon, Lopp, Milroy, O'Brien, 
Osborn, Patterson, Perigo, Puett, Reese, Richardson, Roach, Shoaff 
of Allen, Shoaff of Jay, Stenger, Stuckey, Sullivan of Scott, 
Thatcher, Veach and White— 37. 

So the main question was ordered to be put. 

The question being on the adoption of the amendment offered by 
Mr. Brown. 

Messrs. Brown and Abbett demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Bird, Brown, Burwell, Buskirk, Coffroth, Collins, 
Colover, Croan, Dunham, Glazebrook, Gregg, Hargrove, Harrison, 
Hunt, Lasselle, Lemon, Lopp, Milroy, O'Brien, Osborn, Perigo, 
Puett, Richardson, Roach, Shoaff of Allen, Shoaff of Jay, Stenger, 
Stuckey, Sullivan of Scott, Thatcher, Veach and White — 33. 

Those who voted in the negative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burns, Chambers, Church, 
Cox, Crook, Emerson, Eerris, Foulke, Goodman, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Henricks, Hershey, 
Higgins, Hogate, Hoover, Johnson, Kilgore, Major, Meredith, Mil- 
ler of Tippecanoe, Montgomery, McVey, Newcomb, Olleman, Prather, 
Reese, Rhoads, Rice, Riford, Sabin, Shuey, Sim, Steward, Stringer, 
Sullivan of Posey and Vanderburg, Trusler, Upson, Welch, White- 
side, Willis, Woods, Wright, Zeigler and Mr. Speaker — 52. 

So the amendment was lost. 

The question being shall the bill be read a second time ? 
It was agreed to. 

Senate bill No. 49, was read a third time, 

And the question being shall the bill pass ? 

Mr. Branham demanded the previous question on the passage of 
the bill, which was seconded. 



165 

Messrs. Brown and Dunham demanded the ayes and noes. 

Those who voted in the affirmative were, % 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Church,- 
Cox, Cook, Emerson, Ferris, Foulke, Goodman, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Henricks, Hersehy, 
Higgins, Hogate, Hoover, Johnson, Kilgore, Major, Meredith, Miller 
of Tippecanoe, Montgomery, McVey, Newcomb, Olleman, Prather, 
Reese, Rhoades, Rice, Riford, Sabin, Shuey, Sim, Steward, Stringer. 
Sullivan of Vanderburg and Posey, Trusler, Upson, Welch, Whiteside, 
Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 52. 

Those who voted in the negative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burwell, Buskirk, Coffroth, 
Collins, Colover, Croan, Dunham, Glazebrook, Gregg, Hargrove, Har- 
rison, Hunt, Lasselle, Lemon, Lopp, Milroy, O'Brien, Osborn, Patter- 
son, Perigo, Puett, Richardson, Roach, Shoaff of Allen, Shoaff of Jay, 
Stenger, Stuckey, Sullivan of Scott, Thatcher, Veach and White — 35. 

So the main question was ordered. 

Mr. Brown moved to adjourn. 

Which was not agreed to. 

The question being shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Church, 
Cox, Crook, Emerson, Ferris, Foulke, Goodman, Gregory of Warren, 
Gregory of Montgomery, Griffith, Groves, Henricks, Hershey, Hig- 
gins, Hogate, Hoover, Johnson, Kilgore, Major, Meredith, Miller of 
Tippecanoe, Montgomery, McYey, Newcomb, Olleman, Prather, 
Reese, Rhoads, Rice, Riford, Sabin, Shuey, Sim, Steward, Stringer, 
Sullivan of Posey and Vanderburgh, Trusler, Upson, Welch, White- 
side, Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 52. 

Those who voted in the negative were. 

Messrs. Abbett, Beckett, Bird, Brown, Burwell, Buskirk, Coffroth, 
Collins, Croan, Dunham, Glazebrook, Gregg, Hargrove, Harrison, 
Hunt, Lasselle, Lemon, Lopp, Milroy, O'Brien, Osborn, Patterson, 
Perigo, Richardson, Roach, Shoaff of Allen, Shoaff of Jay, Stenger, 
Stuckey, Sullivan of Scott, Thatcher, Veach, and White — 33. 

So the bill passed. 



166 / 

Ordered, that the Clerk inform the Senate thereof. 

t Mr. Brown moved to adjourn. 
Which was not agreed to. 

Mr. Newcomb moved to reconsider the vote just taken on the pass- 
age of the bill, and lay that motion on the table. 

On which Messrs. Brown and Dunham demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Church, 
Cox, Crook, Emerson, Foulke, Ferris, Goodman, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Henricks, Hershey, 
Higgins, Hogate, Hoover, Johnson, Kilgore, Major, Miller of Tippe- 
canoe, Montgomery, McVey, Newcomb, Olleman, Prather, Puett, 
Reese, Rice, Riford, Sabin, Shuey, Sim, Steward, Stringer, Sullivan 
of Posey and Vanderburg, Trusler, Upson, Welch, Whiteside, Willis, 
Woods, Wright, Zeigler and Mr. Speaker — 56. 

Those who voted in the negative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burwell, Buskirk, Coffroth, 
Collins, Colover, Croan, Dunham, Glazebrook, Gregg, Hargrove, 
Harrison, Hunt, Lasselle, Lemon, Lopp, Meredith, Milroy, O'Brien, 
Osborn, Patterson, Perigo, Rhoads, Richardson, Roach, Shoaff of 
Allen, Shoaff of Jay, Stringer, Stuckey, Sullivan of Scott, ^1 hatcher, 
Veach, White, and Woodruff— 37. 

So the motion to reconsider and lay on the table was adopted. 

SENATE BILLS ON FIRST READING. 

Senate bill No. 1. A bill appropriating seventy-five thousand dol- 
lars for the expenses of the present session of the General Assembly- 
and providing the manner of the payment of the members and officers 
and their assistants, and appointees of the Senate and House of Rep- 
resentatives. 

Was read a first time, and passrd to a second reading. 

Mr. Rhoads, from the Committee on Enrolled Bills, made the fol- 
lowing report: 

Mr. Speaker: 

The Joint Committee on Enrolled Bills, have examined Enrolled 
Joint Resolution No. 7, (House of Representatives,) and instruct me 
to report the same as correctly enrolled. 



167 

Senate bill No. 4. A bill to provide for the making and anthenti- 
cation of transcripts from the records of the Recorder's office, in cer- 
tain cases, and for the admissibility in evidence of the same, and cer- 
tified copies of the deeds and mortgages contained therein. 

Was read a first time, and passed to a second reading. 

Senate bill No. 7. An act to amend section second of an act 
approved May 11th, 1861, entitled " an act to fix the time of holding 
Courts of Common Pleas in the several counties of this State, the 
duration of the terms thereof, and making all process returnable to 
such term, and declaring Avhen this act shall take efi'ect, and repealing 
all laws inconsistent therewith," approved May 5th, 1869. 

Was read a, first time and passed to a second reading. 

Engrossed Senate bill No. 8. A bill to amend an act entitled " an 
act to repeal all laws now in force for the incorporation of cities, pre- 
scribe their powers and rights, and the manner in which they shall 
-exercise the same," approved Mar<3h 9th, 1857. 

Was read a first time, and passed to a second reading. 

Senate Joint Resolution No. 10. A Joint Resolution relative to 
the establishment of a Bonded Tobacco Warehouse at Evansville, 
Indiana. 

Was read a first time, and passed to a second reading. 

Senate bill No. 11. An act repealing section ten of an act enti- 
tled " an act to establish Courts of Conciliation, to prescribe rules 
and proceedings therein, and compensation of the judges thereof," 
approved June 11th, 1852, and declaring when the same shall take 
«fiect. 

Was read a first time, and passed to a second reading. 

Senate bill No. 11. An act repealing section ten of an act enti- 
tled " an act to establish Courts of Conciliation, to prescribe rules 
and proceedings therein, and compensation of the judges thereof," 
approved June 11th, 1852, and declaring when the same shall take 
efi'ect. 

Was read a first time, and passed to a second reading. 

Senate bill No. 14. An act to amend an act entitled " an act in 
relation to County Treasurers," appi oved June 4th, 1852, and declar- 
ing an emergency. 

Was read a first time, and passed to a second reading. 

Mr. Brown moved a call of the House. 
Which was not agreed to. 



o 



Senate Joint Resolution No. 5, was read a second time, and 

On motion by Mr. Oroves, 
Was ordered to a third reading. 



1^8 

House bill No. 4 was read a third time, with the amendment reported 
by the committee. 

The question being on the adoption of the amendment offered by 
the committee, viz : To strike out the second and third sections : 
It was not agreed to. 

Mr. Buskirk offered the following amendment: 

*' Except Pages who shall be appointed by the President of the 
Senate and Speaker of th@ House of Representatives,'^ 
Which was adopted. 

Mr. Kilgore offered the following amendment: 

To amend by striking out the word, " four,'' where it refers to per 
diem of assistant clerks and doorkeepers, and insert ^he word *'five.'^ 
Which was not adopted. 

Mr. Griffith offered the following amendment: 

To amend section second in proper place by adding^' as their respec- 
tive houses may permit." 
Which was adopted. 

Mr. Higgins offered the following amendment:. 

Amend by striking out all in the bill that relates to compensation 
in the second and third sections. 
Which was adopted. 

Mr. Griffith moved to refer the bill, as amended, to a select com-- 
mittee of five. 

Which was agreed to. 

Mr. Buskirk submitted the claim of Messrs. Morrison and Ray for 
services in prosecuting a suit against J. D. Defrees and others, during 
the administration of Governor Wright, asking compensation therefor. 

Which, 

On motion by Mr. Buskirk, 
Was referred to the Committee on Claims. „ 

Mr. Newcomb submitted a claim of Messrs. Morrison and Ray^ 
attorneys at law, for services rendered in prosecuting a suit against 
the Indiana Institute for the Blind. 

Which, 

On motion, by Mr. Newcomb, 
Was referred to the Committee on Claims. 



169 

Mr. Whiteside, from the Committee on the Judiciary, made the fol- 
lowing report : 

The Judiciary Committee, to whom was referred House bill No. 46, 
beg leave to submit the following report : 

They respectfully report said bill back to the House with the fol- 
lowing amendments. 

Amend section first so as to read as follows : In the county of Car- 
roll, on the second Monday of February and August of each year. 
In the county of Cass, on the Mondays succeeding the courts in the 
county of Carroll. In the county of Miami, on the Mondays suc- 
ceeding the courts in the county of Cass. In the county of Wabash, 
on the Mondays succeeding the courts in the county of Miami. In 
the county of Huntington, on the Mondays succeeding the courts in 
thfe county of Wabash. In the county of Grant, on the Mondays 
succeeding the courts in the county of Huntington. 

That section second be amended so as to read as follows : 

The courts in the counties of Carroll, Miami, Huntington and 
Grant shall sit two weeks if the business thereof require it,, and the 
courts in the counties of Wabash and Cass shall sit three weeks if 
the business thereof require it, and that the bill as amended pass. 

Mr. Whiteside moved to suspend the order of business and take up. 

House bill No. 46. 
Which was agreed to. 

The ame-ndment of the Committee was then concurred in. 

Mr. Whiteside moved to consider the bill as engrossed, and that it 
be read a third time now. 
Which was agreed to. 

So House bill No. 46 was read a third time. 
The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Banta, Beckett, Bird, Bonner, Boyd, Branham,. 
Burnes, Burwell, Buskirk, Chambers, Church, Coffroth, Cox, Croan,. 
Crook, Emerson, Ferris, Foulke, Goodman, Gregory of Montgomery,. 
Gregory of Warren, Griffith, Groves, Harrison, Hargrove, Henri cks, 
Hershey, Higgins, Hogate, Hoover, Hunt, Johnson, Kilgore, Lemon, 
Major, Miller of Tippecanoe,. Milroy, Montgomery, McVey, New- 



170 

^comb, O'Brien, Ollemfin, Osborn,Perigo, Prather, Puett, Reese, Rice, 
Richardson, Riford, Roach, Sabin, Shoaif of Allen, Shoaff of Jay, 
Shuey, Sim, Steward, Stenger, Stringer, Stuckey, Trusler, Upson, 
Veach, Welch, White, Whiteside, Willis, Woodruff, Wright, Zeigler, 
and Mr. Speaker — 71. 

Those who voted in the negative were, * 

Messrs. Colover, Glazebrook, Gregg, Lasselle and Lopp — <5. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

The title of the bill was then read, and the same adopted. 

Message from the Senate, by Mi*. Whittlesey, tlieir Secretary, 

Mr. Speaker: 

I am directed by the Senate to inform the House that the Senate 
iias passed the following concurrent resolution : 

Resolved hy the Senate^ {the House of Representatives concurring^ 
That the Adjutant General, of the State of Indiana, be instructed to 
use his utmost influence to induce the proper authorities to establish 
a general mustering ofRce in the city of Indianapolis, where recruits 
can be mustered and credited to apy District, County, Township or 
City in the State of Indiana, or such other regulations as may pro- 
<iuce the effect of giving Districts, other than the Sixth District, an 
equal right to procure volunteers from among persons who may visit 
the city where the military headquarters of the State are situated. 

In which the concurrence of the House of Representatives is 
respectfully requested. 

I am also directed to return to the House the following enrolled 
Joint Resolution thereof: 

Enrolled Joint Resolution of the House No. 7. A Joint Resolu- 
tion instructing oiir Senators and requesting our Representatives in 
Oongress to endeavor to obtain an appropriation for the improvement 
-of the harbor at Michigan City : 

The same having been signed by the President of the Senate. 

The concurrent resolution of the Senate, instructing the Door- 
keepers of both Houses to suspend to the dome of the Capitol the 
National Flag during the present session of the General Assembly, 
was taken from the table, read, and 
On motion, 

Was concurred in. 



171 

The memorial from the Senate, in the form of a concurrent resolu- 
tion, addressed to the Congress of the United States, and pertaining 
to the terra of service of recruits who enlisted in old regiments with 
the expectation that their term of service would expire with that of 
the regiment in which they enlisted,^ &c., was taken from the table, 
read by the Clerk, and. 
On motion, 

Was concurred in. 

On motion by Mr. Milroy, 
The House adjourned. 



WEDNESDAY MORNING, 9 o'clock, 
January 25, 1865. 
The House met. 

The Journal was read, corrected and approved. 

Unanimous consent was given the following members to vote on 
the passage of Senate bill No. 49, all of whom were absent yester- 
day : ^ 

Messrs. Stivers and Lockhart voted aye, and Messrs. Spencer, 
Humphreys, Burton and Howard voted nay. 

Message from the Senate by Mr. Whittlesey, their Secretary. 

Mr. Speaker: 

I am directed by the Senate to inform the House of Representa- 
tives that the Senate has passed the following engrossed bill thereof: 

Senate bill No. 23. A bill to amend section 76 of an act, entitled, 
" An Act defining misdemeanors and prescribing punishment there- 
for," approved June 14, 1852, in which the concurrence of the House 
is respectfully requested. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Prather, 

A petition from E. F. Pebody and fifty-six others, asking the Gen- 
eral Assembly to legalize the action of the County Commissioners in 



172 

borrowing money, issuing bonds to pay bounties to volunteers and to 
aid soldiers' families. 
Which, 

On motion, was referred to the Committee on the Judiciary. 

Mr. Henricks, having given notice yesterday, that he would, at 
the proper time, move to amend rules 58 and 59 so as to refer bills 
on first reading, 

The same was taken from the table and, 
On motion. 

Was not agreed to. 

Mr. Meredith introduced 

House bill No. 82. A bill concerning the creation of corporations 
for the purpose of maintaining high schools within the State, and 
giving the requisite powers to such corporations. 

Which was read a first time, and passed to a second reading. 

Mr. Hoover introduced 

House bill No. 83. A bill to an^end the thirty- third section of an 
act, entitled, " An Act to repeal all general laws now in force, for' 
the incorporation of cities, and to provide for the incorporation of 
cities." 

Which was read a first time, and passed to a second reading. 

Mr. Rhoads introduced 

House bill No 84. A bill to legalize the action of the Board of 
County Commissioners of Vermillion county, and of the District and 
State Boards of Equilization, in adopting the appraisement of real 
estate of 1859, as the basis for the assessment of taxes for the year 
1864, and each year thereafter till a new appraisement shall be made. 

Which was read a first time, and passed to a second reading. 

Mr. Collins introduced 

House bill No. 85. A bill to amend the seventeenth section of an 
act containing several provisions regarding " landlords, tenants, les- 
sors and lessees," approved May 20, 1852. 

Which was read a first a time, and passed to a second reading. 

Mr. Griffith introduced ' 

Joint Resolution No. 12. A Joint Resolution on behalf of the 
Grand Rapids and Indiana Railroad Company, asking that an exten- 



173 

sion of time be grcanted by the Congress of the United States to 
enable them to complete the construction of their road. 
Which was read a first time. " 

Mr. Griffith moved that it be deemed expedient to suspend the 
constitutional rule requiring the reading of bills on three several 
days, and that Joint Resolution No. 12 be read a second time, now. 

Those who voted in the affirmative were, 

Messrs. Abbett, Beckett, Bird, Bonner, Boyd, Branham, Brown 
Burnes, Burton, Burwell, Buskirk, Chambers, Coffroth, Collins, Cox' 
Croan, Crook, Emerson, Ferris, Foulke, Goodman, Gregg, Gregory 
of Montgomery, Gregory of Warren, Griffith, Groves, Hargrove. 
Harrison Hershey, Higgins, Hogate Hoover, Humphreys, Hunt^ 
Johnson, Kilgore, Lasselle, Lockhart, Lopp, Major, Meredith, Mil- 
roy, Montgomery, McVey, Newcomb, Olleraan, Osborn, Patterson, 
Perigo, Prather Puett, Reece, Rhoads, Rice, Richardson, Riford, 
Sabin, Shoaff of Allen, Shoafi" of Jay, Spencer, Stewart, Stenger^ 
Sullivan of Scott, Sullivan of Posey and Vanderburg, Thatcher 
Trusler, Upson, Veach, Welch, White, Whitesides, Willis, Woodruff! 
Woods and Zeider — 78. 



Those who voted in the negative were, 

Messrs. Church, Colover, Dtinham, Glazebrook, Howard, Lemon 
and Roach — 7. 

So it was deemed expedient to suspend the rule, and Joint Resolu- 
tion No. 12 was read a second time. 

Mr. Griffith moved that it be engrossed, and pass to a third reading. 
Which was agreed to. 

Mr. Brown offered the following resolution : 

Resolved, That the Committee on V\^ays and Means be instructed 
to allow Messrs. Milroy and Glazebrook the sum of thirty dollars 
expenses incurred in conveying home the remains of the late Hon! 
Nelson G. Shaffer. 

Which, on motion, was referred to the Committee on Ways and 
Means. 

Message from the Senate, by Mr. Whittlesey, their Secretary. 
Mr. Speaker: 

^ I am directed to send to the House of Representatives the follow- 
ing enrolled act of the Senate. 



174 

Enrolled Senate Act No. 49. A.n act to authorize the State 
Treasurer to refund to Messrs. Winslow, Lanier & Company, moneys 
paid by them, by request of the Governor, as interest on State Bonds, 
with interest on amounts so paid, and declaring an emergency. Which 
enrolled act is respectfully presented for the signature of the Speaker 
of the House of Representatives. 

Which was laid on the table. ' 

Mr. Newcomb moved to suspend the order of business and take up 
House bill No. 70. 
Which was agreed to. 

House bill No. 70 was read a second time. 
Mr. Busliirk offered the following amendment : 

Amend the bill by providing that the bounty shall only be paid on 
the condition that the person enlisting is credited to the township of 
his actual residence, and such person shall be required to take an 
oath or affirmation as to his actual place of residence. 

Mr. Buskirk moved to refer the bill and amendment to the Com- 
mittee on the Judiciary. 

Mr. Wright moved to refer to Comn^.tee on County and Township 
Business. 

Mr. Buskirk moved that when the House adjourn it be till 2 o'clock, 
P. M. 

Which was agreed to. 

On motion by Mr. Groves, 
The House adjourned. 



2 o'clock, p. m. 
The House met. 

The Speaker ordered a call of the House, when the following mem- 
bers answered to their names : 

Messrs. Abbett, Banta, Beckett, Boyd, Branham, Burnes, Burwell, 



175 

Buskirk, Chambers, CTiurch, Coffroth, Collins, Colover, Cox, Croaiiy 
Crook, Emerson, Foulke, Goodman, Glazebrook, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Hargrove, Harrison,. 
Henricks, Hershey, Higgins, Hoover, Humphreys, Hunt, Johnson, 
Kilgore, Lemon, Lockhart, Major, Milroy, Montgomery, McVey, 
Newcomb, O'Brien, Olleman, Osborn, Patterson, Perigo, Prather,^ 
Puett, Reese, Rhpads, Richards, Richardson, Riford, Roach, Sabin,. 
Shoaff of Allen, Shoaff of Jay, Shuey, Sim, Spencer^ Steward, Stenger, 
Stringer, Sullivan of Scott, Sullivan of Posey and Vanderburgh, 
Thatcher, Trusler, Upson, Yeachy Welch, White, Willis, Woods, 
Whright, Zeigler and Mr. Speaker — 77. 

The House resumed the consideration of House bill No. 70. 

Mr. Branham moved to commit the bill and pending amendments 
to a Committee of the Whole House. 
Which was agreed to. 

Mr. Branham then moved that the House resolve itself into f Jom- 
mittee of the Whole, for the consideration of House bill No. 70, and 
amendments. 

Which was agreed to. 

Mr. Henricks was then called to the chair. 

After remaining in session for some time, the Committee rose and 
made the following report through the Chairman. 

Mr. Speaker: 

The Committee of the Whole House, have, according to order, had 
tinder consideration House bill No. 70, and have made some progress 
therein, and direct me to ask leave of the House to sit again. 

Which was concurred in. 

Message from the Senate by Mr. Whittlesey, their Secretary. 

Mr. Speaker : 

I am directed by the Senate to report to the House of Representa- 
tives, that the Senate has adopted the following concurrent resolution, 
to-wit : 

Resolved hy the Senate, {the House of Representatives concurring,) 
That each House of the General Assembly proceed, by a separate and 
concurrent vote, on to-morrow, at 2J o'clock. P. M., to elect the fol- 
lo-vting officers, to-wit : 

One President of the Benevolent Institixtions ; two Trustees for 



176 

the Hospital for the Insane ; two Trustees for the Blind Asylum ; 
two Trustees for the Deaf and Dumb Asylum ; three Commissioners 
for the Sinking Fund, and two Directors of the State Bank. 

In which the concurrence of the House is respectfully requested. 

Mr. Branham moved to take up the message from the Senate, 
Which was agreed to. 

Mr. Branham moved to concur in the message from the Senate. 

Mr. Newcomb moved to strike out that part relating to the three 
Sinking Fund Commissioners. 
Which was agreed to. 

The Senate message, as amended, was then concurred in. 

The Speaker laid before the House the following communication 
from the Auditor of State : 

State of Indiana, Office of Auditor of State, \ 
Indianapolis, Ind., Jan. 26, 1865. J 

Hon. John U. Pettit, 

Speaker of the Hou^e : 

I herewith send you an additional report of the condition of the 
State Debt Sinking Fund at this time, which you will please lay 
before the honorable body over which you preside. 

Very respectfully, your obedient servant. 

J. RISTINE. 

Which, 

On motion, 
Was referred to the Committee on Sinking Fund. 

Message from the Senate, by Mr. Whittlesey, their Secretary : 
Mr. Speaker ; 

I am directed to inform the House of Representatives that the 
Senate has passed the following engrossed bill of the House without 
amendment : 

Engrossed House bill No. 46. A bill to fix the time of holding 
the Circuit Courts in the Eleventh Judicial Circuit, and to regulate 
the returns of process in said Circuit. 



177 

Mr. McVey offered the following resolution : 

Resolvedy That Rev. I. Crozier, who is said to be a profound Bib- 
lical scholar, be invited to lecture on the 13th chapter of Paul's 
Epistle to the Romans, in this House on next Sabbath, Jan. 29th, 
lOJ o'clock A. M. 

Which was not adopted. 

On motion by Mr. Montgomery, 
The House adjourned. 



.THURSDAY MORNING, 9 o'clock, I 
January 26, 1865. J 



The House met. 



The Speaker ordered a call of the House, when the following 
members answered to their names : 

Messrs. Abbett, Banta, Beckett, Boyd, Branham, Burnes, Cham- 
bers, Church, Coffroth, Collins, Colover, Cox, Croan, Crook Emer- 
son, Ferris, Foulke, Goodman, Glazebrook, Gregg, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Hargrove, Harrison, 
Henricks, Hershey, Higgins, Hogate, Hoover, Humphreys, Hunt, 
Johnson, Kilgore, Lockhart, Major Meredith, Montgomery, New- 
comb, Olleman, Osborn, Perigo, Prather, Puett, Reese, Richards, 
Richardson, Riford, Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, 
Sim, Spencer, Steward, Stenger, Stivers, Stringer, Sullivan of Scott, 
Thatcher, Trusler, Upson, Veach, Welch, Whiteside, Willis, Wood- 
ruff, Woods, Wright, Zeigler and Mr. Speaker — 72. 

The Journal was then read and approved. 

The Speaker reported to the House that he had signed Senate bill 
No. 49. 
H. J.—12. 



178 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Shoaif of Allen, 

A petition from sundry citizens of Allen county, asking the Gen- 
eral Assembly to consider the subject of establishing German com- 
mon schools, throughout the State of Indiana. 

Which, 

On motion. 

Was reTerred to the Committee on Education. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Miller, from the Committee on the Organization of Courts of 
Justice, made the following report : 

Mr. Speaker : 

The Committee on the Organization of Courts have directed me to 
make the following report on Senate bill No. 4 : 

Strike out of the title of the bill the words " Jennings county." 
Strike out all after the enacting clause and insert the following : 
*' and recommend the passage of the bill as amended." 

Which, 

On motion. 

Was laid on the table. 

Mr. Crook submitted the claim of J. H. Ross for four hundred and 
twenty dollars, for coal delivered in December, 1862, for the use of 
the Legislature. 

Which, 

On motion, ; 

Was referred to the Committee on Claims. 

Mr. Abbett submitted the following claim of John H. Frazier : 

State of Indiana,] 

[To John H. Frazier, Dr. 

For repairing 23 drawers and putting locks on the same, 
during the session of 1863, at seventy-five cents per 
drawer ,... |17 25 

Which, 

On motion, 
Was referred to the Committee on Claims. 



179 

Mr. Boyd submitted the claim of Messrs. R. L. k. A. W 
McOuatt, for one hundred and^eighty-sevcn dollars and seventy-five 
cents, ($187.75,) for stoves, pipes, zinc, &c., furnished the Legislative 
Chambers in 1862. 

Which, 

On motion, 

Wss refeti-ed to the Committee on Claims^ 

HOUSE BILLS ON FIRST READING^ 

Mr. Woods introduced 

House bill No. SS. A bill authorizing the digging of a ditch or 
•canal, from the Little Calumet river to the Grand Calumet river, in 
Lake county. 

Which vras read a first time, asd passed to a second reading-. 

Mr. Humphreys introduced 

House bill No. 87. A bill to amend section first of an act entitled 
^' an act to revise, simplify, abridge the rules, practice, pleadings and 
forms in civil cases in the courts of this State ; to abolish distinct 
forms of action at law, and to provide for the administration of jus- 
tice in a uniform mode of pleading and practice, without distinction 
between law and equity," approved June 18th, 1852, approved Febru- 
ary 2d, 1855. 

Which was read a first time, and passed to a second reading. 

Mr. Prather offered tho following resolution : 

Whereas, An additional expense is incurred by the people of the 
State inconsequence of our present Common Pleas Courts, of over 
two hundred thousand dollars per annum, which amount could be 
saved by abolishing the office and transferring the business to the 
Circuit Courts ; therefore. 

Resolved, That a committee, consisting of one from each Congres- 
sional District, be appointed to inquire into the expediency of abolish- 
ing the office of Comm-on Pleas Judge, transferring the business of 
the Courts of Common Pleas to the Circuit Courts, and increasing 
the pay of Circuit Judges, and report by bill or otherwise. 

Mr. Brown moved to refer the resolution to the Committee on the 
Organization of Courts of Justice. 
Which was lost. 

Mr. Rhoads moved to refer to the Special Committee on that sub- 
ject. 

Which warS agreed to. 



Mr. Higgins gave the following: notice : 
Mr. Speaker: 

1 give notice, that on to-mon-ow I will move to amend tlie first rule- 
of this House by adding the following.: 

" Unless by a vote of the House, the reading of the Journal be dis- 
pensed with.'' 

Mr. Buskirk moved to suspend the order of business and take up 
Senate bill No, 1, 

Which Was not agreed to. 

Mr. Chambers,, from the Committee on Engrossed Bills, made the- 
following report: 

Mr. Speaker : 

The Committee on Engrossed Bills have carefully compared En- 
grossed Joint Resolution No. 12 with the original, and find that the 
same has in all respects been accurately a-nd correctly engrossed. 

Mr. Zeigler offered the following resolution : 

Whereas, At this time of high prices many of our county ofiieers 
complain that their salaries are low ; thereforc,^ 

Besolved, That the Committee on Fees and Salaries be requested 
to take the subject into consideration, and report by bill to raise the 
salaries of county officers in such cases, and to such a degree, as jus- 
tice may demand. 

Which, 

On motion, 

Was referred to the Committee on Fees and Salaries-. 

Mr. Hershey introduced 

House bill No. 88. A bill authorizing certain corporations thereir? 
named to change corporate names. 

Which was read a first time, and passed to a second reading. 

Mr. Goodman offered the following resolution : 

Resolved, That the Committee on Roads and Highways be 
instructed to inquire into the expediency of reporting a bill authori- 
zing County Boards to make appropriations to open, build, and repair 
roads and highways. 

Which, 

On motion. 

Was referred to the Committee on Roads. 



• 181 
"Mr. Groves introduced 

House bill No. 89. A bill to allow cities and towns to permit tlie 
'location of railroads on tbe streets and alleys for the purpose of con- 
veying coal into and through said cities and towns. 

Which was read a first time, and passed to a second reading. 

Mr. Coffroth offered the following resolution : 

Resolved, That a select committee, consisting of one from eachi 
•Congressional District, be appointed, whose duty it shall be to inquire 
into the expediency of abolishing the Courts of Common Pleas, and 
transferring the business to the Circuit Courts, and to provide for a 
system of Probate, and to report by bill or otherwise. 

Mr. Whiteside moved to ametid by referring to committee of one 
sTrom each Common Pleas Judicial District. 
Which was not agreed to. 

The resolution wi^s then adopted. 

Mr. Rhoads introduced 

House bill No. 90. A bill to amend the third section of an act 
•entitled " an act regulating docket fees of District Attorneys in the 
'Courts of Common Pleas, and before Justices of the Peace, and regu- 
lating Prosecuting District Attorneys' fees for prosecution on for- 
feited recognizance,'' approved June 4th, 1861. 

Which was read a first time, and passed to a second reading. 

Message from the Senate, by Mr. Whittlesey, their Secretary. 

Mr. Speaker.: 

I am directed by the Senate to inform tl;^ House of Representa- 
ftives that the Senate has passed the following engrossed bills thereof : 

Engrossed Senate bill No. 2. A bill regulating the practice in Cir- 
•cuit and Common Pleas Courts of this State, on appeals from judg- 
ments of Justices of the Peace. 

Engrossed Senate bill No. 10. A bill to amend section 322 of an 
act entitled " un act to revise, simplify and abridge the rtiles, prac- 
tice, pleading and forms in civil cases in the Courts of this State ; 
to abolish distinct forms of action at law, and to provide for the 
administration of justice in a uniform mode of pleading and practice, 
without distinction between law and equity," approved June l8th, 
1852. 



m IS2 

Engrossed Senate bill No. 12. An act authorizing creditars in 
certain cases to bring action on their claims before they are due, and 
have attachment against the property of the debtor ; to garnishee 
property, moneys, credits and effects, and prescribing the manner of 
proceeding therein. 

Engrossed Senate bill No. 16. . A bill to amend section 349 of aB* 
act entitled " an act to revise, simplify and abridge the rules, prac- 
tice, pleading and forms in civil cases in the courts of this State ; tO' 
abolish distinct forms of action at law, and to provide for the admin- 
istration of justice in a uniform mode of pleading and practice, with- 
out distinction between law and equity," approved June 18th, 1852. 

Engrossed Senate bill No. 25. An act definincr certain misde- 
meanors, and prescribing punishment thereof. 

Engrossed Senate bill No. 39. An act to amend an act entitled 
" an act to amend section 19 of an act to fix the time of holding the 
Common Pleas Courts in the several counties of this State, the dura- 
tion of the terms thereof, and making all processes from the present 
Common Pleas Courts returnable to such terms," approved February 
15th, 1861. 

Engrossed Senate bill No. 42. A bill to am®nd section 9 of an 
act entitled " an act to fix the times of holding the Common Pleas- 
Courts in the several counties of this State, the duration of the terms 
thereof, and making all process from the present Common Pleas 
Courts returnable to such terms, and declaring when this act shall 
take effect, and repealing all laws inconsistent therewith," approved 
March 5th, 1859. 



Engrossed Senate bill No. 55. An set to fix the times of holding 
the Courts of Common Pleas in the Fifth Judicial District, repealing: 
all other laws on the same subject^ and declaring when this act shall 
take effect. 

I am also directed to inform the House, of the passage by the Sen- 
ate of the following : 

Engrossed Senate Joint Resolution No. 2. A Joint Resolution^ 
proposing an amendment to article eight of the Constitution, so as tC' 
enable cities and towns to levy taxes for the support of Common 
Schools. 

Engrossed Senate Joint Resolution No. 3. A Joint Resolution 
proposing an amendment to section 23, article 4, of the Constitution, 
so as to provide for laws enabling cities and towns to raise money for 
the support of Common Schools. 

In all of which the concurrence of the House of Representatives, 
is respectfully requested. 



183 

Mr. Wricrht offered the followinoj resolution : 

Resolved, That the Committee on the Southern State Prison be 
instructed to inquire into the propriety of converting the Northern 
Prison into a House of Refuge and Correction, and report by bill 
or otherwise. 

Mr. Wright moved to refer the resolution to the Committee on 
State Prison South, 

Which was not agreed to. 

Mr. Higgins moved to refer it to a Select Committee of five. 
Which was agreed to. 

Mr. Boyd offered the following resolution : 

Resolved^ That each of the Committees of this House be requested 
to keep a record of their proceedings, and that the said records be 
filed in the State Library, to be kept by the State Librarian, as a 
part of the proceedings of this House. 

Which, 

On motion, 
Was adopted. 

Mr. Brown offered the following resolution : 

Resolved, That His Excellency, the Governor, be requested to lay 
before this House the Annual Reports of the Auditor and Treasurer 
of State, together with all other reports required to be made to him, 
which by law he is required to present to this body. 

Which, 

On motion, 
Was adopted. 

Mr. Milroy offered the following resolution : 

Resolved, That the Committee on the Judiciary be instructed to 
report a bill amendatory of the law in relation to landlord and ten- 
ant, so as to require six months' written notice to dispossess the wife 
or family of any soldier, either enlisted or drafted, in the army of 
the United States. 

Which, 

On motion, 
Was adopted. 



184 

Mr. Miller of Tippecanoe introduced 

House bill No. 91. A bill to authorize the discharge of bonds 
of executors and guardians, upon application to sell real estate. 
Which was read a first time, and passed to a second reac'ing. 

Mr. Stuckey introduced 

House bill No. 92. A bill fixing the time of filing the credential 
papers in actions before the County Commissioners, and the time of 
filing claims against the county. 

Which was read a first time, and passed to a second reading. 

Mr. Brown moved to reconsider the motion by which Mr. Boyd'vS 
resolution was adopted. 
Which was agreed to. 

Mr. Chambers ofi'ered the following amendment to the resolution : 

Amend by striking out " Committees of the House," and insert 
instead thereof, " Committees on Ways and Means, Claims and Pub- 
lic Expenditures." 

Mr. Shoafi" of Jay moved to amend the amendment of Mr. Cham- 
bers as follows : "That such Committees make a report and file with 
the Librarian." 

Which was not agreed to. 

The resolution as amended was then adopted. 

Mr. Newcomb moved to suspend the order of business, so as to 
enable the House to go into a Committee of the Whole, for the con- 
sideration of House bill No. 70. 

Which was agreed to. 

On motion by Mr. Dunham, 

The House resolved itself into a Committee of the Whole, with 
Mr. Henricks in the chair. 

After remaining in session for some time, the Committee rose, and 
made the following report, through its Chairman : 

Mr. Speaker : 

The Committee of the Whole House have, according to order, had 
under consideration House bill No. 70, and have made some progress 
therein, and direct me to report the same back to the House, and 



185 

ask that they be discharged from any further consideration of the 
bill. 

Which was concurred in. 

Mr. Newcomb moved that the bill and pending amendments be 
referred to a Select Committee of seven. 
Which was agreed to. 

Mr. Newcomb moved to suspend the regular order of business and 
take up House bills on second reading. 

Which was agreed to, two-thirds voting in the affirmative. 

House bill No. 18 was read a second time, and, 

On motion, by Mr. Whiteside, 
Was referred to the Committee on the Judiciary. 

House bill No. 19 was read a second time, and. 

On motion, by Mr. Newcomb, 
Was referred to the Committee on the Judiciary. 

House bill No. 20 was read a second time, and, 

^On motion, by Mr. ShoafF of Jay, , 

Was referred to the Committee on Agriculture. 

House bill No. 21 was read a second time, and, 

On motion, by Mr. Harrison, 
Was referred to the Committee on the Judiciary. ^ 

House bill No. 22 was read a second time, and, 

On motion, 
Was referred to the Committee on Education. 

Mr. Newcomb moved that it be deemed expedient to suspend the 
Constitutional rule, requiring the reading of bills on three several days. 

I 

Those who voted in the affirmative were, 

Messrs. Abbett, Bird, Bonner, Boyd, Branham, Brown, Burnes, 
Burton, Burwell, Buskirk, Chambers, Church, Coifroth, Collins, Col- 
over, Cox, Croan, Crook, Emerson, Ferris, Foulke, Goodman, Gregg, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Har- 
grove, Harrison, Henricks, Hershey, Higgins, Hogate, Hoover, How- 
ard, Humphreys, Hunt, Johnson, Lasselle, Lemon, Lockhart, Mere- 
dith, Miller of Clinton, Miller of Tippecanoe, Montgomery, McVey, 
Newcomb, O'Brien, OUeman, Osborn, Perego, Prather, Reece, Bhoads, 
Bice, Richards, Richardson, Riford, Sabin, Shoaff of Allen, Shoaff 
of Jay, Shuey, Sim, Steward, Stenger, Stivers, Stringer, Stuckey, 
Sullivan of Posey and Vanderburg, Upson, Welch, White, Willis, 
Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 79. 



186 

Those "who voted in the negfitive were, 

Messrs. Beckett, i;).unham, Glazebrook, Lopp, MHroy, Puett, Roach, 
Spencer, Sullivan of Scott and Thatcher — 10. 

So it was deemed expedient to suspend the Constitutional rule. 

Mr. Newcomb moved that House bill No. 23 be read a second time 
by its title. 

Which was agreed to. 

So House bill No. 23 was read a second time by its title, and, 

On motion, by Mr. Buskirk, 
Was referred to the Committee on Swamp Lands, s 

Mr. Newcomb moved that it be deemed expedient to suspend the 
Constitutional rule, requiring the reading of bills on three several 
days, and that House bill No. 24 be read a secQnd time by its title. 

Those who voted in the affirmative were, 

Messrs. Abbett, Boyd, Branham, Brown, Burwell, Buskirk, Cham- 
bers, Coffroth, Collins, Cox, Croan, Crook, Emerson, Ferris, Good- 
man, Gregg, Gregory of Montgomery, Gregory of Warren, Griffith, 
Groves, Harrison, Henricks, Hershey, Higgins, Hogate, Hoover, 
Humphreys, Hunt, Johnson, Lockhart, Major, Meredith, Miller of 
Tippecanoe, Montgomery, McYey, Newcomb, O'Brien, Osborn, 
Prather, Reese, Rhoads, Rice, Richards, Richardson, Riford, Sabin, 
Shoaff of Allen, Shoaff of Jay, Shuey, Sim, Steward, Stenger, Sti- 
vers, Stringer, Stuckey, Sullivan of Posey and Vanderburg, Upson, 
Welch, White, Whiteside, Willis, Woodruff, Woods, Wright, Zeigler 
and Mr. Speaker — Q6. 

Those who voted in the negative were, 

Messrs. Bird, Burnes, Burton, Church, Colover, Glazebrook, How- 
ard, Hargrove, Lemon, Lopp, Milroy, Perigo, Roach, Spencer, Sul- 
livan of Scott and Thatcher — 16. 

So it was deemed expedient to suspend the Constitutional rule, and 
House bill No. 24, was read a second time by its title. 

Mr. Miller of Tippecanoe, offered the following amendment : 

That the donation of lands and other benefits, provided in and by 
an Act of Congress entitled '^ An Act donating public lands to the 
several States and Territories which may provide Colleges %r the 
benefit of Agriculture and the Mechanic Arts," approved July 5, 1862, 



287 

be and the same are hereby accepted by the State of Indiana upoB 
the terms and conditions in said Act contained. 

COLLEGE CREATED — ITS CHARACTER AND NAME. 

Sec. 2. There is hereby created and established a College in 
conformity with said Act of Congress ; the leading object of which 
shall bo to teach such branches of learning as are related to Agricul- 
ture and the Mechanic Arts, including Scientific and Classical studies 
and Military Tactics ; to be known by the name and style of " The 
Agricultural College of Itdiana." 

TRUSTEES — THEIR NUMBER, &C. ' 

Sec. 3. There shall be a Board of Trustees appointed consisting 
of thirteen citizens of this State ; one of whom shall be selected from 
each Congressional District and two from the State at large ; who are- 
hereby constituted a body corporate by the name of " The Trustees- 
of the Agricultural College of Indiana;" having perpetual succession. 

BY WHOM APPOINTED — TERM OE OFFICE — OATH. 

Sec. 4. The two Trustees from the State at large shall be ap- 
pointed by the General Assembly in joint convention, and the rest by 
the State Board of Education. They shall all hold their ofiice for 
four years, except as hereinafter provided, and before acting, each 
shall take an oath or affirmation to support the Constitution of the 
United States and the Constitution of Indiana, and honestly, and 
diligently perform the duties of his trust. 

ORGANIZATION OP BOARD — ITS OFFICERS, &G. 

Sec. 5. It shall be the duty of said Trustees, or a majority of 
them at their first meeting, to organize a Board hj electing one of 
their members as President ; and the Board, of which seven members 
shall constitute a quorum, when so formed, shall appoint a Secretary 
and Treasurer, not members of the Board, who shall severally, before 
acting in their respective offices, take an oath or affirmation faithfully 
and impartially to perform the duties appertaining thereto ; and the 
Treasurer shall give bond, with or more securities, to be ap- 

proved by said Trustees, in the sum of $ payable to the State 

of Indiana, and conditioned for the faithful discharge of the duties of 
his office, and accounting for and paying over, upon proper vouchers, 
to the person or persons lawfully entitled thereto, all moneys that 
may come into his hands as such Treasurer ; which bond shall be 
deposited in the office of the Secretary of State. 

POWERS OF BOARD OF TRUSTEES — COMPENSATION. 

Sec. 6. The Board of Trustees shall have power to enact al^ 
necessary by-laws, rules and regulations for the good order and 



168 

•■o-OYernment of said corporation not inconsistent with the Gonstifcutioa 
and Laws of the United States, or of this State ; to sit upon their own 
adjournments not less than once in each quarter; to take, hold, enjoy 
and transfer all species of property ; to have and use a common seal; 
to receive any grant, gift, donation, bequest or conveyance, and hold, 
•enjoy and dispose of the same for the use of said ■corporation ; to elect 
a President of said College, and such professors, tutors, instructors 
and other officers of the same, as they may judge necessary, and to 
determine the duties, salaries, emoluments, responsibilities and tenures 
of their several offices ; to designate the -course of instruction in said 
•College ; to remove any one of their own body for misconduct, breach 
of by-laws, or immorality ; to remove at any time they may deem it 
for the good of the itistitution, any of the officers of said College and 
appoint others in their stead ; to prescribe the rules of admission and 
rates of tuition; to grant and confer degrees and diplomas; and to do 
and perform all other acts necessary to promote the interest and 
welfare of said College. Each Trustee shall be entitled to $ ;i 
day while in the actual performance of his duty. 

» MILITARY STUDIES. 

Sec. 7. Said Board of Trustees shall provide suitable grounds for 
-exercises in the military art ; and shall procure such arms, accoutre- 
ments, equipments, books and instruments, as may be deemed neces- 
sary for imparting to students in said College a thorough knowledge 
of military tactics and engineering. 

AGRICULTURAL SrUDIES. 

Sec. 8. Said Board of Trustees shall provide such suitable farm 
or farms as maybe necessary for making experiments in Agriculture; 
and shall procure such implements, books, apparatus and materials, 
as may be necessary for the instruction of the students in said College 
in such branches of learnino: as are related to Agriculture and the 
Mechanic Arts. 

iFREE SCHOLARSHIPS : APPOINTED BY SENATORS AND REPRESENTATIVES. 

Sec. 9. Free Scholarships shall be allowed to each Representative 
and Senatorial District of the State equal to its representation in the 
<jreneral Assembly, preference being given to the children of soldiers 
who have served their country in the present war ; each Senator and 
Representative having the right of designating a student. Where 
the right of appointing is divided between two or more, it shall be 
determined by lot. 

GOVERNOR MAY APPOINT TO FREE SCHOLARSHIPS, &C. 

Sec. 10. The Governor shall ex-offieio have the right of appoint- 
ing a student to a free Scholarship from each Congressional District 
of the State. And the Trustees may, in their discretion, and on such 



mfes and regulations as they may prescribe, admit to tlie privileges' 
of said College such other number of students as the interests of th«- 
Institution will permit. 

BOARD OF VISITORS. 

Sec. 11. The Governor, the President of the Indiana State Board 
of Agriculture, th-e Superintendent of Public Instructio-n, the Chief 
Justice of the Supreme Court, the President of the State University 
at Bloomington, and the Adjutant-General shall, ex-oficio, be, and) 
are hereby appointed a Board of Visitors^ three of wham shall con- 
stitute a quorum, whose duty it shall be to visit annually said College :; 
inspect its property, real and personal ; examine the course of in- 
struction adopted and practiced by th& faculty ; refiew the proceed- 
ings of the Board of Trustees, and their by-laws, and recommend to- 
the Board Such alterations and amendments as they may deem neces- 
sary for the good of the Institution ; and investigate the financial 
concerns of the corporation,, examining, if necessary, the books of the 
Treasurer, or any other officer connected therewith. They shall make 
a report of their examination, inspection, and inquiries^ to the General 
Assembly at each regular session thereof. 

trustees' annual REPORT, UNDER ACT OT CONGRESS. 

Sec. 12. The Board of Trustees shall provide for an Annual Re- 
port regarding the progress of the College ; recording any improve- 
ments or experiments made, with their cost and results ; and such 
other matters, including State industrial and economical statistics, a& 
may be supposed useful; one copy of which shall be mailed to each 
College instituted elsewhere in the United States, under said act of 
Congress, and one to the Secretary of the Interior e-f the Uniteci 
States. 

ELIGIBILITY — RELIGIOUS TESTS. 

Sec. 13. No acting Trustee shall be eligible to any office con- 
nected with the College ; nor shall any religious test or qualificatioD 
be required from any Trustee, officer or studei5t ; nor shall any officer, 
professor, or instructor, teach, inculcate, or encourage any sectarian 
principles or tenets to the students thereof. 

united states scrip. 

Sec. 14. The Governor of the State shall accept and receive from 
the United States the Scrip mentioned in said act of Congress, and 
sell the same according to the terms of said act ; paying the gross- 
proceeds to the Treasurer of said Board of Trustees. 

investment of scrip and endowment fund. 
Sec. 15. The gross proceeds arising from th^ sale of said Scrip 



190 

nha.\\ remain forevei- uRcTiminisbed, as a permanent fund, and shall be 
invested in stocks of the United States, or of the State of Indiana, 
yielding not less than five per centum upon the par value of said 
stocks ; and th« interest of said fund shall forever be inviolably 
appropriated to the endowment, support and maintenance of said 
College ; and if any portion of said fund, or the interest thereon 
arising, shall by any act or contingency be diminished or lost., it shall 
be replaced by the State of Indiana ; provided, lioiveiy^r, that a sum 
not exceeding ten per centum of the moneys realized from the sale of 
said Scrip may be expended under future legislation for the purchase 
of lands for sites, or experimental farms, connected witli. and for the 
use of said College. 

FIRST BOARD OP TRUSTEES — VACANCIES, &C. 

Sec. 16. The State Board of Education shall appoint eleven Trus- 
tees, as provided in the Sd and 4th sections of this Act, on or before 
the day of next ; appointing five to serve for 

two years, and six for four years ■; and 

are hereby appointed Trustees for the State at large — the said 

to serve for two years, and the said 

for four years. The successors of each of the said Trustees shall per- 
petually thereafter, hold their office for a term of four years. Vacan- 
cies pending a term shall be filled for the unexpired part of the term ; 
but in case of a Trustee for the State at large, his successor shall be 
appointed by the Governor, to hold until the Legislature shall appoint* 



LOCATION OF COLLEGE. 

Sec. 17. The College herein provided shall be, and hereby is, 
perpetually located at County, upon the lands donated 

and assured to the State by ; which said lands 

are hereby accepted as and for a perpetual site for said College. 

BOARD WHERE TO MEET. 

Sec. 18. The Board of Trustees firstly appointed, under Section 
16 of this Act, shall hold their first meeting in the College building, 
at on the day of next, and 

then and there perfect their organization, as in this act provided ; 
and all subsequent meetings of the Board shall be held at the same 
place, 

STATE PliOPRIETORSHlP DECLARED. 

Sec. 19. All property, of whatever kind, held by or appertaining 



i 



191 

to said College, and from whatever source derived, shall be held by 
the said Trustees and their successors forever, in trust for the State 
of Indiana, for the uses and purposes mentioned and designated in 
said act of Congress. 

EMEllGENCY. 

Sec. 20. An emergency existing, this act shall be in force from 
and after its passage. 

Mr. Bsukirk moved that House bill No. 24, and amendment, be 
referred to the Committee on Education. 
Which was agreed to. 

House bill No. 59 was read a second time. 

Mr. Steward offered the following amendment : 

Amend by inserting after *' Wabash and Erie," " White Water 
Canal." 

Mr. Newcomb moved to refer House bill No. 59, and amendment, 
to the Committee on Railroads. 
Which was agreed to. 

By unanimous consent. 

Senate bill No. 6 was taken up, the amendments of the Committee 
were read, and, on motion, concurred in, and, by unanimous consent 
of the House, the bill was considered engrossed. 

The question being shall the bill be read a third time, now? 

It was so agreed. 

And Senate bill No. 6 was read a third time. 

The question being shall the bill pass? 

Those who voted in the afiSrmative were, 

Messrs. Abbett, Beckett, Bird, Bonner, Boyd, Branham, Burncs^ 
Burton, Burwell, Buskirk, Chambers, Church, Coffroth, Collins, 
Colover, Cox, Croan, Crook, Dunham, Emerson, Ferris, Foulke, 
Goodman, Gregg, Gregory of Montgomery, Gregory of Warren, 
Griffith, Groveg, Hargrove, Harrison, Hershey, Higgins, Hogate, 
Hoover, Howard, Humphreys, Hunt, Johnson, Kilgore, Lasselle, 
Lemon, Lockhart, Lopp, Major, Miller of Tippecanoe, Milroy, 
Montgomery, McVey, Newcomb, O'Brien, Olleman, Osborne, Perigo, 
Prather, Puett, Reese, Rhoads, Rice, Richards, Richardson, Riford, 
Roach, Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Sim, Steward, 
Stivers, Stringer, Stuckey, Sullivan of Scott, Sullivan of Posey and 



192 

Vanderburg, Thatcher, Trusler, Upson, Yeach, Welch, White, White- 
side, Willis, VYoodruff, Wright, Zeigler and Mr. Speaker— 85. 

None voting in the negative. 

The question being shall the title, as read, stand as the title of the 
bill ? 

It was agreed to. 

So the bill passed. 

Ordered^ That the Clerk inform the Senate thereof. 

:^Mr. Collins moved that when the House adjourn, it adjourn till 2 
o'clock, P. M. 

Which was agreed to. 

Bv unanimous consent of the House, 

House bill No. 45 was taken up, read a second time, and, on motion 
bv Mr. Beckett, was referred to the Committee on the Judiciary. 

By unanimous consent of the House, 

House bill No. 8 was taken up and read a third time. 

Mr. Collins moved to amend as follows : 

Strike out the words "school fund," and insert "revenue." 
Which was agreed to. 

Mr. Rhoads offered the following amendment : 

1st. Strike out the name *' female dog" and insert " bitch." 

2d. Strike out the name " male dog" and insert *' dog." 

3d. The sum of two dollars for one dog, and an additional sum 
of two dollars for each dog over the number of one, and the sum of 
five dollars for one bitch, and an additional sum of two dollars for 
every bitch over the number of one. 

Mr. Newcomb moved to refer the bill and amendments to a Select 
Committee of five. 
Which was agreed to. 

Mr. Burwell offered the following resolution : 

Whereas, The immortal J. N. Free, the world-renowned philosopher, 
orator and satirist, whose arrival has already been announced by 
the press, has signified his willingness to elucidate his great prin- 



193 

ciples of truth and explain his theory of the war, on Friday even- 
ing, Feb. 3d ; therefore, 

Be it Resolved, That the Ilall of the House of Representatives be 
tendered to the distinguished gentleman on that occasion. 

Pending which, 

The House adjourned. 



THURSDAY, 2 o'clock, P. M. 
January 25th, 1865. 



The House met. 



Pending the adjournment this morning, was the consideration of 
Mr. Burwell's resolution. 

The same was, 
On motion, 
Laid on the table. 

The Speaker announced the following Special Committees : 

Special Committee on the organization of Courts of Common Pleas. 

Messrs. Coffroth 11th District. 

Emerson 1st 

Groves : 2nd 

Prather 3rd 

Ferris 4th 

Kil gore 5th 

Newcomb 6th 

Humphreys 7th 

Roach 8th 

Lasselle 9th 

Shuey 10th 

Special Committee on House bill No. 70 and pending amendments. 

Messrs. Newcomb, Dunham, Branham, Brown, Church, Lasselle, 
Miller of Tippecanoe. 



H. J.— 13. 



194 

Mr. Groves moved to suspend the regular order of business and 
take up House bill No. 84. 
Which was agreed to. 

House bill No. 84 was read a second time. 

Mr. Groves then moved that it be considered as engrossed and 
ordered to a third reading. 
Which was agreed to. 

Mr. NewGomb offered the following resolution : 

Resolved, That the House will {the Senate concurring) proceed at 
the hour of four o'clock P. M. this day to elect three Commissioners 
of the Sinking Fund by a joint vote of the two Houses. 

Which, 

On motion, 
Was adopted. 

House bill No. 25, was read a second tiire. 

Mr. Coffroth moved to lay the bill on the table. 

On which, Messrs. Coffroth and Sullivan, of Scott, demanded the 
ayes and noes. 



Those who voted in the affirmative were 



Messrs. Abbett, Beckett, Bird, Boyd, Brown, Burton, Burwell, 
Buskirk, Coffroth, Collins, Colover, Croan, Emerson, Glazebrook, 
Gregg, Groves, Hargrove, Harrison, Humphreys, Hunt, Lasselle, 
Lemon, Lopp, Milroy, O'Brien, Osborn, Patterson, Perigo, Puett, 
Richards, Richardson, Roach, Shoaff of Allen, Shoaff of Jay, Spen- 
der, Stenger, Sullivan of Scott, Thatcher, Veach, White and Wright 
— il. 

Those who voted in the negative were, 

Messrs. Banta, Bonner, Burns, Chambers, Church, Cook, Cox, 
Crook, Ferris, Foulke, Goodman, Gregory of Warren, Gregory of 
Montgomery, Griffith, Henricks, Hershey, Higgins, Hogate, Hoover, 
Johnson, Kilgore, Lockhart, Major, Miller of Tippecanoe, Montgom- 
ery, McVey, Newcomb, Prather, Reese, Rhoads, Riford, Sabin, Shuey, 
Sim, Steward, Stivers, Stringer, Sullivan of Posey and Vanderburg, 
Trusler, Upson, Welch, Whiteside, Willis, Woods, Zeigler and Mr. 
Speaker — 45. 



195 ' 

So the motion to lay on the table, did not prevail* 

Mr. Buskirk moved to postpone the bill indefinately. 

On which, Messrs. Buskirk and Brown demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burwell, Burton, Buskirk, 
CoSroth, Colover, Collins, Groan, Emerson, Glazebrook, Gregg, 
Groves, Hargrove, Harrison, Humphreys, Hunt, Lasselle, Lemon, 
Milroy, O'Brien, Osborn, Patterson, Perigo, Puett, Richards, Rich- 
ardson, Roach, Shoaff of Allen, Shoaff of Jay, Spencer, Stenger, 
Sullivan of Scott, Thatcher, Veach, White and Wright — 35. 

Those who voted in the negative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Cox, 
Church, Crook, Ferris, Foulke, Goodman, Gregory of Montgomery, 
Gregory of Warren, Griffith, Henricks, Hershey, Higgins, Hogate, 
Hoover, Johnson, Kilgore, Lockhart, Lopp, Major, Miller of Tippe- 
canoe, Montgomery, McVey, Newcomb, Prather, Reese, Rhoads, 
Riford, Sabin, Shuey, Sim, Steward, Stivers, Stringer, Sullivan of 
Posey and Vanderburg, Trusler, Upson, Welch, Whiteside, Willis, 
Woods, Zeigler and Mr. Speaker — 50* 

So the motion to indefinately postpone was lost. 

}Jr. Foulke moved to refer the bill to the Committee on the Judi«- 

ciary. 

Mr. Burnes, moved to refer it to the Committee on Rights and Priv- 
ileges cf the Inhabitants of the State. 

Message from the Senate, by Mr. Whittlesey, their Secretary: 

Mr. Speaker: 

I am directed by the Senate to inform the House, that the Senate 
has concurred in the amendment of the House to the resolution 
relative to the election of certain officers to-day at 2J o'clock. 

The hour having arrived, in accordance with the concurrent reso- 
lution of the Senate, which was concurred in by the House yesterday, 

'I'he House proceeded, by a separate and concurrent vote, to the 
•election of the following otiicers, to-wit : 



196 

One President for the Benevolent Institutions : 
Two Commissioners for the Hospital for the Insane ; 
Two Trustees for the Blind Asylum ; 
■ Two Trustees for the Deaf and Dumb Asylum, and 
One Director for the State Bank. 

Mr. Buskirk moved to elect singly the officers in the order in 
which they are named in the concuiTent resolution. 
Which was agreed to. 

The election of a President for the Benevolent Institutions being 
first in order, 

Mr. Newcomb nominated Andrew Wallace, of the county of 
Marion. 

Mr. Coffroth nominated Aquilla Jones, of Marion county. 

TJiose ivlio voted for Andreiv Wallace zuere, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Church, Cox, 
Crook, Emerson, Ferris, Foulke, Goodman, Gregory of Montgomery,, 
Gregory of Warren, Griffith, Groves, Henricks, Hershey, Higgins, 
Hogate, Hoover, Johnson, Kilgore, Lockhart, Major, Meredith, Miller 
of Tippecanoe, Montgomery, McVey, Newcomb, Prather, Reese, 
Bice, Riford, Sabin, Shuey, Sim, Steward, Stivers, Stringer, Trusler, 
Upson, Welch, Whiteside, Willis, Woodruff, Woods, Wright, Z^igler 
and Mr. Speaker — 51. 

TJiose ivJio voted f 07' Mr. Jones were, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk,. 
Coffroth, Collins, Colover, Croan, Gregg, Glazebrook, Hargrove, Har- 
rison, Humphreys, Hunt, Lasselle, Lopp, Milroy, Osborn, Patter- 
son, Perigo, Rhoads, Richards, Richardson, Roach, Shoaff of Allen y 
Shoaff of Jay, Spencer, Stenger, Sullivan of Scott, Thatcher, Veacli 
and White — 36. 

Andrew Wallace, having received a majority of all the vote& 
cast, was declared by the Speaker duly nominated, on the part of 
the House of Representatives, as President of the Board of Commis- 
sioners of the Benevolent Institutions. 

The election of two Commissioners for the Hospital for the Insane, 
being next in order, 

Mr. Newcomb nominated Patrick H. Jameson, of the county of 
Marion. 



' . 197 

Mr. Buskirk nominated Dr. Benjamin Newland, of the county of 
Lawrence. 

TJiose ivlio voted for Patrick H. Jameson ivere, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Church, 
Crook, Cox, Emerson, Ferris, Foulke, Goodman, Gregory of Mont- 
i]i;omery, Gregory of Warren, Griffith, Groves, Henricks, Hershey, 
Higgins, Hogate, Hoover, Johnson, Kilgore, Lockhart, Major, Mere- 
dith, Miller of Tippecanoe, Montgomery, McVey, Newcomb, 
Prather, Reese, Rice, Riford, Sabin, Shuey, Sim, Steward, Stivers, 
Stringer, Sullivan of Posey and Vanderburg, Trusler, Upson, 
Welch, Whiteside, Willis, Woodruff, Woods, Wright, Zeigler and 
Mr. Speaker — 53. 

Those lolio voted for Dr. Benjamin Neivland ivere., 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk, 
Coifroth, Collins, Colover, Croan, Glazebrook, Gregg, Hargrove, Har- 
rison, Humphreys, Hunt, Lasselle, Lemon, Lopp, Milroy, Osborn, 
Perigo, Richards, Richardson, Roach, Shoaff of Allen, Shoaff of Jay, 
Spencer, Stenger. Sullivan of Scott, Thatcher, Veach and White — 34. 

Patrick H. Jameson, having received a majority of all the votes 
cast, was declared by the Speaker, duly nominated, on the part of 
the House of Representatives, a Commissioner for the Hospital for 
die Insane. 

Mr. Newcomb nominated John W, Moody, of the county of Clin- 
ton. 

Mr. Coifroth nominated Wm. B. Lyons of the county of Hunting- 
ton. 

. Those who voted for John W, Moody tvere, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Church? 
Cox, Crook, Emerson, Ferris, Foulke, Goodman, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Henricks, Hershey, 
Higgins, Hogate, Hoover, Johnson, Kilgore, Lockhart, Major, Mere- 
xlith. Miller of Tippecanoe, Montgomery, McVey, Nevrcomb, Prather, 
Reese, Rhoads, Rice, Riford, Sabin, Shuey, Sim, Steward, Stivers, 
Stringer, Sullivan of Posey and Vanderburg, Trusler, Upson, Welch, 
Whiteside, Willis, AVoodruff, Woods, Wright, Zeigler and Mr. 
Speaker — 53. ^ 

Those who voted for William B. Lyons were., 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk, 
Coifroth, Collins, Colover, Croan, Glazebrook, Gregg, Harrison, Har- 



198 f ' 

grove, Humphreys, Hunt, Lasselle, Lemon, Lopp, Milroy, Osborn, 
Perigo, Richardson, Roach, Shoaif of Allen, Shoaff of Jay, Stenger, 
Sullivan of Scott, Thatcher, Veach and White— 32. 

John W. Moody having received a majority of all the votes cast, 
was declared by the Speaker, duly nominated^ on the part of the 
House of Representatives, a Commissioner for the Hospital for the 
Insane. ^ 

The election of two Trustees for the Blind Asylum being next in 
order, 

Mr. Newcomb nominated John S. Spann, of the county of Marion. 

Mr. Thatcher nominated B. W. Cooper, of the county of Hancock, 

Those ivlto voted for Jolin S. Spann. were, 

Messrs. Banta, Bonner, Boyd,Branham, Burnes, Chambers, Church, 
Cox, Crook, Emerson, Ferris, Foulke, Goodman, Gregory of Mont- 
gomery, Gregory of Warren, GriflSth, Groves, Henricks, Hershey, Hig- 
gins, Hogate, Hoover, Johnson, Kilgore, Lockhart, Major, Meredith, 
Miller of Tippecanoe, Montgomery, McYey, Newcomb, Prather, 
Reese, Rhoads, Rice, Riford, Sabin, Shuey, Sim, Stewart, Stivers, 
Stringer, Sullivan of Posey and Vanderburg, Trusler, Upson, Welch, 
Vvliiteside, Willis, Woodruff, Woods, Wright, Zeigler and Mr. 
Speaker — 53. 

Those who voted for B. W. Cooper loere, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk., 
Coifroth, Collins, Colover, Croan, Glazebrook, Gregg, Hargrove, 
Harrison, Humphreys, Hunt, Lasselle, Lemon, Lopp, Milroy, Osborn, 
Perigo, Richards, Richardson, Roach, Shoaif of Allen, Shoaff of 
Jay, Stenger, Sullivan of Scott, Thatcher, Veach and White — 34. 

John S. Spann, having received a majorit}'- of all the votes cast, 
was declared by the Speaker, dul}^ nominated, on the part of the 
House of Representatives, a Trustee for the Blind Asylum. 

Mr. Gregory of Montgomery nominated John Baird, of the 
county of Montgomery. 

Mr. Sullivan of Scott nominated D. McClure, of the county of 
Clark. 

Those who voted for John Baird were^ 

Messrc^. Banta, Bonner, Boyd, Branham, Burnes, Chambers,. 
Church, Cox, Crook, Emmerson, Ferris, Foulke, Goodman, Gregory 



199 

of Montgomery, Gregory of Warren, Griffitli, Groves, Henricks, 
Hersliey, Higgins, Hogate, Hoover, Johnson, Kilgore, Lockhart, 
Major, Meredith, Miller of Tippecanoe, Montgomery, McVey, New- 
comb, Olleman, Prather, Reese, Rhoads, Rice, Riford, Sabin, Shuey, 
Sim, Stewart, Stivers, Stringer, Sullivan of Posey and Yanderburg, 
Trusler, Upson, Welch, Whiteside, Willis, Woodruff, Woods, Wright, 
Zeigler ancl Mr. Speaker — 54. 

Those wlio voted for David MoClure ivere, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Buskirk, Coffroth, 
Collins, Croan, Glazebrook, Gregg, Hargrove, Harrison, Humphreys, 
Hunt, Lasselle, Lemon, Lopp, Milroy, Osborn, Perigo, Puett, Rich- 
ards, Richardson, Roach, Shoaff of Allen, Shoaff of Jay, Stenger^ 
Sullivan of Scott, Thatcher, Veach and White — 32. 

John Baird having received a majority of all the votes cast, was 
declared by the Speaker duly nominated, on the part of the House of 
Representatives, a Trustee for the Blind Asylum. 



The next in order beino: the election of two Trustees for the Deaf 
and Dumb Asylum, 



'5 



Mr. Meredith nominated John M. Kitchen, of the county of 
Clarion. 

Mr. Milroy nominated John M. Richardson, of the county of Car- 
roll. 

Those ivho voted for John M. Kitchen zvere, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Church, 
Cox, Crook, Emerson, Ferris, Foulke, Goodman, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Henricks, Hershey, 
Higgins, Hogate, Hoover, Johnson, Kilgore, Lockhart, Major, Mere- 
dith, Miller of Tippecanoe, Montgomery, McVey,Newcomb, Olleman, 
Prather, Reese, Rhoads, Rice, Riford, Sabin, Shuey, Sim, Steward, 
Stivers, Stringer, Sullivan of Posey and Yanderburg, Trusler, Upson, 
Welch, Whiteside, Willis, Woodruff, Woods, Wright, Zeigler and Mr. 
Speaker — 55. 

Those who voted for John M. Richardson were, 

Messrs. Beckett, Bird, Brown, Burton, Burwell, Buskirk, Coffroth, 
Collins, Colover, Croan, Glazebrook, Gregg, Hargrove, Harrison, 
Humphreys, Hunt, Lasselle, Lemon, Lopp, Milroy, Osborn, Perigo, 
Puett, Richardson, Roach, Shoaff of Allen, Shoaff of Jay, Stenger, 
Sullivan of Scott, Thatcher, Yeach and White — 32. 



• . 200 

Jolin M. Kitclien having received a majority of all the votes cast, 
was declared by the Speaker duly nominated, on the part of the 
House of Representatives, a Trustee for the Deaf and Dumb Asylum. 

Mr. Prather nominated James C. Burt, of the county of Jennings. 

Mr. Harrison nominated J. S. Skinner, of the county of Knox. 

Those wlio voted for' James C. Burt were, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Church, 
Cox, Crook, Emerson, Ferris, Foulke, Goodman, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Henricks, Hershey, 
Higgins, Hogate, Hoover, Johnson, Kilgore, Lockhart, Major, Miller 
of Tippecanoe, Montgomery, McVey, Newcomb, OUeman, Prather, 
Reese, Rhoads, Rice, Riford, Sabin, Shuey, Sim, Stewart, Stivers, 
Stenger, Sullivan of Posey and Vanderburg, Trusler, Upson, Welch, 
Whiteside, Willis, Woodruff, Woods, Wright, Zeigler and Mr. 
Speaker — 54. 

TJiose who voted for' J. S. Skinner were, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Bur well, Buskirk, 
Coffroth, Collins, Colover, Croan, Glazebrook, Gregg, Hargrove, Har- 
rison, Howard, Humphreys, Hunt, Lasselle, Lemon, Lopp, Milroj/, 
O'Brien, Osborn, Patterson, Perigo, Richards, Richardson, Roach, 
Shoaff of Allen, Shoaff of Jay, Stenger, Stuckey, Sullivan of Scott, 
Thatcher and^Veach — 35. 

James C. Burt having received a majority of all the votes cast, 
Was declared by the Speaker duly nominated, on the part of the 
House of Representatives, a Trustee for the Deaf and Dumb Asylum. 

The next in order being the election of a Director of the Bank of 
the State of Indiana, 

Mr. Newcomb nominated Erastus W. H. Ellis, of the county of 
Elkhart. 

* 

Mr. Coffroth nominated Amzi L. Wheeler, of the county of Mar- 
shall. 

Those who voted for Erastus W. H. Ellis were, 

Messrs. Banta, Bonner, Boyd, Branham, Burns, Ghambere, 
Church, Cox, Crook, Emerson, Ferris, Foulke, Goodman, Gregory 
of Montgomery, Gregory of Warren, Griffith, Groves, Henricks, 
Hershey, Higgins, Hogate, Hoover, Johnson, Kilgore, Lockhart, 



201 

Major, Meredith, Miller of Tippecanoe, Montgomery, McVey, New- 
comb, Olleman, Prather, Reese, Rhoads, Rice, Riford, Sabin, Shuey, 
Sim, Steward, Stivers, Stringer, Sullivan of Posey and A'anderburg, 
Trusler, Upson, "Welch, White, Whiteside, Willis, Woodruif, Woods, 
Wright, Zeigler and Mr. Speaker — 55. ■■':^ 

Those iclio voted for Amzi L. l^Hieeler ivere, 

Messrs. Abbett, r>eckett. Bird, Brown, Burwell, Buskirk, Coffroth, 
Collins, Colover, Croan, Glazebrook, Gregg, Hargrove, Harrison, 
Howard, Humphreys, Hunt, Lasselle, Lemon, Lopp, Milroy, O'Brien, 
Osborne, Patterson, Shoaff of Allen, Shoaff of Jay, Stuckey, Sulli- 
van of Scott, Thatcher, Veach and White — 35. 

Erastus W. H. Ellis, having received a majority of all the votes 
cast, was declared by the Speaker, duly nominated, on the part of 
the House of Representatives, a Director for the State Bank. 

Message from the Senate, by Mr. Whittlesey, their Secretary. 

Mr. Speaker: 

I am directed by the Senate to inform the House of Representa- 
tives that the Senate, on its part, has elected 

Andrew Wallace, of Marion county, President of the Benevolent 
Institutions. 

Patrick H. Jameson, of Marion county, one of the Commissioners 
for the Insane Hospital. 

John W. Moody, of Decatur county, one of the Commissioners for 
the Insane Hospital. 

James C. Burt, of Jennings county, one of the Directors for the 
Deaf and Dumb Asylum. 

John L. Kitchen, of Marion county, one of the Directors for the 
Deaf and Dumb Asylum. 

John Baird, of Montgomery county, one of the Trustees for the 
Blind Asylum. 

John S. Spann, of Marion county, one of the Trustees for the 
Asylum for the Blind. 

Charles E. Walker, of Jefferson county, one of the Directors for 
the State Bank. 

In which the concurrence of the House is respectfully requestcfl. 

Message from the Senate, by Mr. Whittlesey, their Secretar3^ 

]\Ir. Speaker : 

I am directed by the Senate to inform the House that the Senate 
has concurred in the following resolution of the House, to-wit . 



202 

Resolved^ That this House will (with the Senate concurring) pro- 
ceed, at the hour of 4 o'clock P. M., this day, to elect three Commis- 
sioners of the Sinking Fund, by a joint vote of the two Houses. 

Mr. Newcomb moved that this House concur in the election, by 
the Senate, of Charles E. "Walker as a Director of the Bank of the 
State of Indiana. 

Which, 

On motion, 
Was agreed to. 

Mr. Brown offered the following resolution : 

.Uesolved, That this House is now ready to go into Joint Conven- 
tion, as provided by the concurrent resolution of the two Houses of 
this General Assembly, heretofore adopted, and that the Senate be 
invited to repair immediately to the Hall of this House for that pur- 
pose, and they are accordingly invited to repair immediately to the 
ITall of the House. 

Which was adopted. 

The Senate then, in pursuance of the invitation of the House, 
communicated through the President, came into the Hall of the 
House, preceded by the President of the Senate, 

When the Joint Session was called to order by the President of 
the Senate. 

The President then declared. 

Gentlemen : 

We have assembled in Joint Convention, pursuant to a concurrent 
resolution of both Houses thereof, for the purpose of electing three 
members of the Board of Sinking Fund Commissioners. 

The President of the Joint Convention announced that the Con- 
vention would now proceed to chose, by a viva voce vote, a membei 
of the Board of Sinking Fund Commissioners, to succeed Nathaniel 
Kemp. 

Mr. Newcomb nominated John S. C. Harrison, of the county of 
Marion. 

Mr. Bird nominated Charles E. Sturges, of the county of Allen. 



203 

Those who voted for J. S. C. Harrison ivere, 

Messrs. Beeson, Bennett, Bonham, Brown of Hamilton, Cason, 
Chapman, Cullen, Culver, Davis, Dunning, Djkes, Hyatt, Milligan, 
Nyles, Noyes, Oyler, Peden, Richmond, Terry, Thompson, Van Bus- 
kirk, Ward, Woods and Wright, of the Senate, 

Messrs. Banta, Bonner, Boyd, Bonham, Burnes, Chambers, Church, 
Cox, Crook, Emerson, Ferris, Foulke, Goodman, Gregory of Mont- 
gomery, Gregory of Warren, Griflfith, Groves, Henricks, Hershey, 
Higgins, Hogate, Hoover, Johnson, Kilgore, Lockhart, Major, Mer- 
edith, Miller of Tippecanoe, Miller of Montgomery, McVey, Newcomb, 
Olleman, Prather, Reese, Rhoads, Rice, Riford, Sabin, Shuey, Sim, 
Steward, Stivers, Stenger, Sullivan of Posey and Vandeburg, Trusler, 
Upson, Welch, Whiteside, Willis, Woodruff, Woods, Wright, Zeigler 
:ind Mr. Speaker, of the House of Representatives — 78. 

Those who voted for Charles E. Sturges were, 

Messrs. Barker, Bowman, Bradley, Carson, Cobb, Corbin, Douglass, 
Finch, Gilford, Hannah, Jenkins, Mason, Moore, McClurg, Staggs, 
Vawter and Williams, of the Senate. 

Messrs. Abbott, Beckett, Bird, Brown, Burton, Burwell, Buskirk, 
Coffroth, Collins, Colover, Croan, Glazebrook, Gregg, Hargrove, 
Harrison, Howard, Humphreys, Hunt, Lasselle, Lemon, Lopp, Milroy, 
O'Brien, Osborn, Patterson, Perigo, Puett, Richards, Richardson, 
Roach, Shoaff of Allen, Shoaff of Jay, Stinger, Stuckey, Sullivan of 
Scott, Thacher,Yeach and White, of the House of Representatives — 55. 

John S. C. Harrison having received a majority of all the votes 
cast by the General Assembly, was declared by the President of the 
Joint Convention duly elected as a member of the Board of Sinking 
Fund Commissioners, to succeed Nathaniel Kemp for the constitu- 
tional term prescribed by law. 

Mr. Kilgore nominated John W. Burson, of the county of Dela- 
ware, to succeed Parmenter M. Parks. 

Mr. Buskirk nominated Parmenter M. Parks, as his own successor. 

Those who voted for J. W. Burson were, 

Messrs. Beeson, Bennett, Bonham, Brown of Hamilton, Cason, 
Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, Milligan, 
Niles, Nojes, Oyler, Peden, Richmond, Terry, Thompson, YanBus- 
kirk, Ward, Woods and Wright, of the Senate, and 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Church, 
Cox, Crook, Emerson, Ferris, Foulke, Goodman, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Henricks, Hershey^ 



204 

Higgins, Hoover, Johnson, Kilgore, Lockhart, Major, Meredith, Mil- 
ler of Tippecanoe, Montgomery, McVey, Ne^YCO^lb, OUeman, Pra- 
ther, Reese, Rhoads, Rice, Riford, Sabin, Shuey, Sim, Steward, 
Stivers, Stringer, Sullivan of Posey and Yanderburg, Trusler, Up- 
son, Welch, Whiteside, Willis, Woodruff, Woods, Wright, Zeigler and 
Mr. Speaker, of the House of Representatives — 77. 

Thodc ivlio votei for P. 31, Parks were, 

Messrs. Barker, Bowman, Bradley, Carson, Cobb, Douglass, Downey, 
Finch, Gifford, Hanna, Jenkins, Mason, Moore, McCiuro:, Sta^-o-s. 
Yawter and Williams, of the Senate, and 

Messre. Abbett, Beckett, Bird, Brown, Burton, Burweli, Buskirk, 
Coffroth, Collins, Colover, Croan, Glazebrook, Gregg, Hargrove, Har- 
rison, Howard, Humphreys, Hunt, Lasselle, Lemon, Milroy, O'Brien, 
Osborn, Perigo, Puett, Richards, Richardson, Shoaff of Allen, Shoaflt 
of Jay, Stenger, Stuckey, Sullivan of Scott, Thatcher, Veach and 
White, of the House of Representatives — 53. 

John M. Burson having received a majority of all the votes cast by 
the General Assembly, was declared by the President of the Joint 
Convention, duly elected as a member of the Board of Sinking Fund 
Commissioners, to succeed Parmenter M. Parks, for the constitutional 
term prescribed by law. 

Mr Newcomb nominated William R. McKean, of Vigo county, r<> 
fill the vacancy occasioned by the death of S. P. Moody. 

Mr. Brown nominated Henry G. Smith, af the county of Jackson. 

Tliose lulio voted for William R, McKean ivere, 

Messrs. Beeson, Bennett, Bonham, Brown of Hamilton, Cason, 
Chapman, Cull en, Davis, Dunning, Dykes, Hyatt, Milligan, Niles. 
Noyes, Oyler, Peden, Richmond, Staggs, Terry," Thompson, VanBus- 
kirk. Ward, Woods, and Wright, of the Senate, and 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Church, 
Cox, Cook, Emerson, Ferris, Foulke, Goodman, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Henricks, Hershey, 
Higgins, Hogate, Hoover, Johnson, Kilgore, Major, Meredith, Miller 
of Tippecanoe, Montgomery, McVey, Newcomb, Olleman, Prather, 
Reese, Rhoads, Rice, Riford, Sabin, Shuey, Sim, Steward, Stivers, 
Stringer, Sullivan of Posey and Vanderburg, Trusler, Upson, Welch, 
Whiteside, Willis, Woodruff, Woods, Wright, Zeigler and Mr. 
Speaker, of the House of Representatives — 78. 



205 
TJiose who voted for Craig Or. Smith 2vere, 

Messrs. Barker, Carson^ Cobb, Douglass, Finch, Gifford, Hanna, 
Jenkins, Mason, Moore, Yawter and AVilliams, of the Senate, and 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk, 
Coifroth; Collins, Colover, Croan, Glazebrook, Gregg, Hargrove, Har- 
rison, Humphreys, Hunt, Lasselle, Lemon, Lopp, Milroy, O'Brien, 
Osborn, Perigo, Kichards, Richardson, Boach, Shoaff of x\llen, Shoaft" 
of Jay, Stenger, Stuckey, Sullivan of Scott, Thatcher, Veach and 
White, of the House of Representatives — 47. 

William R. McKean having received a majority of all the votes 
east by the General Assembly, was declared by the President of the 
Joint Convention, duly elected as a member of the Board of Sinking 
Fund Commissioners, to fill the vacancy occasioned by the death of 
S. P. Moody, for the constitutional term prescribed by law. 

The President of the Joint Convention then announced that the 
business for which they had convened was concluded, and declared 
the Joint Convention adjourned sine die. 

The Senate then retired to their Chamber. 

The Speaker announced the following 

SPECIAL COMMITTEES. 

Special Committee on Resolutions of January 19th, 1865 .- 

Messrs. Miller of Tippecanoe, Dunham, Lockhart, Prather and 
Coffroth. 

Special Comm.ttee on House Bill No. 8 and Fending Amendments : 

Messrs. Collins, Stringer, Gregg, Gregory of Montgomery, Abbett. 
and Shoaff of Allen. 

Leave of absence was granted Mr. Johnson till Wednesday next. 

Mr. Nevrcomb moved that when this House adjourn, it adjourn till 
'2 o'clock P. M. to-morrow. 
Which was agreed to. 

Pending the reference of House bill Ko. 25, 
On rnction of Mr. Coffroth, 

The House adjourned. 



206 



* FRIDAY, 2 o'clock, P. M. 
Januarv 27th, 1865. 



'J 



The House met. ' , 

Journal read and approved. 

The Speaker announced the following Select Committee on House 
bill No. 4. 

Messrs. Griffith, Steward, Buskirk, Boyd and Lasselle* 

The Speaker announced that he had signed enrolled House bill 
No. 4. 

Mr. Griffith moved to reconsider the vote by which the amendment 
of Mr. Henricks to rules No. 58 and 59 was rejected. 
Which was agreed to. 

The question being on the adoption of the amendment as offered 
by Mr. Henricks, 

Mr. Brown moved to amend the amendment by striking out the 
words " without debate." 
"Which was not agreed to. 

The amendment of Mr. Henricks was then adopted. 

Message from the Senate, by Mr. Whittlesey, their Secretary. 

Mr. Speaker : 

I am directed by the Senate to inform the House of Representa' 
tives, that the Senate has concurred in the election of Hon. E. W. 
H. Ellis, as Director of the Bank of the State Indiana. 

Mr. Buskirk having given notice, on Saturday last, that he would 
at some future time move to amend the Standing Rules of this House, 
now offered the following : 

Rule No. — . When a bill, or joint resolution has been committed 
or re-committed either to a Standing or Select Committee, and such 
committee shall recommend amendments thereto, such amendments 



207 

and such further amendments as may be offered thereto, shall be 
immediately acted upon unless the consideration thereof at such time, 
may be postponed by a vote of the House. 
Which was not agreed to. 

Mr. Higgins having given notice yesterday that he would on to- 
day, move to amend Rule No. 1, by adding " unless by a vote of the 
House, the reading of the Journal be dispensed with," now moved 
the adoption of his amendment. 

Which was agreed to. 

Mr. Newcomb moved to suspend the order of business, so as to 
enable the committee to whom was referred House bill No. 70, to 
make a report. 

Which w^as not agreed to. 

Mr. Griffith gave notice that he would at the proper time move to 
amend Rule 63, by striking out from said Rule, where they occur, 
these words : " At least two thirds," and inserting therein the words, 
" a majority." 

Mr. Dunham gave the following notice : 

I give notice that on Monday, or so soon thereafter as I can be 
heard, I shall move to amend the 59th Rule, so as to provide, that on 
the third reading of a bill it may be committed or recommitted with 
instructions. 

Senate bill No. 10. A bill to amend section 322, of an act entitled 
•' an act to revise, simplify, and abridge the rules, practice, pleading 
and forms, in civil cases in the Courts of this State ; to abolish dis- 
tinct forms of action at law, and to provide for the administration*^of 
justice in a uniform mode of pleading and practice, without distinc- 
tion between law and equity." Approved June 18th, 1852. 

Was read a first time, and passed to a second reading. 

Mr. Milroy offered the following resolution : 

Resolved, That the Judiciary Committee be instructed to return 
immediately Senate bill No. 3, in relation to County Boards levying 
taxes for bounty purposes, &c., for the action of this House. 

Which, 

On motion, 
Was adopted. 

Mr. Burwell moved to suspend the order of business, and take up 
Senate bill No. 1. 
Which was agreed to. 



208 

Senate bill No. 1, was read a second time. 

Mr. Wright moved to refer it to the Committee on Ways and Means. 
Which was not agreed to. 

Mr. Higgins offered the following amendment : 

Amend, by adding to the 3d section the following : — And the Au- 
ditor of State shall also audit and issue warrants to such of the mem- 
bers of the House of Representatives of the year 1863, as had their 
per diem reduced for absence, for the amount so reduced. 

Mr. Brown moved to lay the amendment on the table. 
On which Messrs. Brown and Milroy demanded the ayes and noes. 
Those who voted in the affirmative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk, 
Coffroth, Colover, Groan, Dunham, Glazebrook, Gregg, Griffith, Har- 
grove, Harrison, Humphreys, Hunt, Lasselle, Lemon, Lopp, Milroy, 
O'Brien, Osborn, Perigo, Puett, Richards, Richardson, Roach, Sabin, 
Shoaff of Allen, Shoaff of Jay, Stringer, Stivers, Stuckey, Sullivan 
of Scott, 1 hatcher, Upson, Veach and White — 41. 

Those who voted in the negative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Church, 
Cox, Emerson, Ferris, Foulke, Goodman, Gregory of Warren, Groves, 
Hcnricks, Hershey, Higgins, Hogate, Hoover, Johnson, Kilgore, 
Lockhart, Major, Meredith, Miller of Tippecanoe, Montgomery, 
I\IcYey, Nevv'comb, Olleman, Prather, Reese, Riford, Shuey, Sim, 
Steward, Stringer, Trusler, Welch, Whiteside, Willis, Woodruff, Woods, 
Wright, Zeigler and Mr. Speaker — 44. 

So the motion to lay on the table did not prevail. 

Mr. Brown offered the following amendment : 

Strike out " for absence," and insert '' on account of their having 
bolted and failed to return until the constitutional term of the House- 
had expired." 

Mr. Miller, of Tippecanoe, moved to lay the amendment on the 
table. 

On which, 
Messrs. Brown and Milro^ demanded the ayes and noes. 



209 

Those who voted in the aflfirmative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Church, 
Cox, Emerson, Ferris, Foulke, Goodman, Gregory of Warren, Grego- 
ry of Montgomery, Griffith, Groves, Henricks, Hershey, Higgins, 
Hogate, Hoover, Kilgore, Lockhart, Major, Meredith, Miller of Tip- 
pecanoe, Montgomery, McVey, Newcomb, Olleman, Prather, Reese, 
Rhoads, Sabin, Shuey, Sim, Steward, Stivers, Stringer, Trusler, Up- 
son, Welch, Willis, Woodruff, Woods, Wright, Zeigler and Mr. 
Speaker — 49. 

Those who voted in the negative vrere. 

Messrs, Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk, 
Coffroth, Croan, Dunham, Glazebrook, Gregg, Hargrove, Harrison, 
Humphreys, Hunt, Lasselle, Lemon, Lopp, Milroy, Osborn, Perigo, 
Richards, Richardson, Roach, Shoaffof Jay, Stenger, Stuckey, Sulli- 
van of Scott, Thatcher, Veach and White — 33. 

So the motion to lay the amendment on the table was agreed to. 

Mr. Buskirk oflfered the following amendment: 

"And not engaged in the business of the General Assembly, and 
being unable from sickness to attend the sessions of the House." 

Mr. Branham moved to refer the bill and pending amendments to 
the Committee on Ways and Means. 
Which was not agreed to. 

Mr, Higgins moved to lay Mr, Buskirk's amendment to the amend- 
ment on the table. 

On which, 
Messrs. Buskirk and Brown demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burns, Chambers, Churchy 
Cox, Emerson, Ferris, Foulke, Goodman, Gregory of Montgomery, 
Gregory of Warren, Griffith, Groves, Henricks, Hershey, Higgins, 
Hogate, Hoover, Kilgore, Lockhart, Major, Meredith, Miller of Tip- 
pecanoe, Montgomery, McVey, Newcomb, Olleman, Prather, Reese, 
Rhoads, Riford, Sabin, Shuey, Sim, Steward, Stivers, Stringer, Trus- 
ler, Upson, Welch, Willis, Woodruff, Woods, Wright, Zeigler and 
Mr. Speaker— 49. 

Those who voted in the negative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirky 
H, J,— 14. 



210 

Coffroth, Colover, Groan, Dunham, Glazebrook, Gregg, Hamson, 
Hargrove, Humphreys, Hunt, Lasselle, Lemon, Lopp, Milroy, 
O'Brien, Osborn, Perigo, Puett, Richards, Richardson, Roach, Shoaff 
of Allen, Shoaff of Jay, Stenger, Stuckey, Sullivan of Scott, Thatcher, 
Veach and White— 36. 

So the amendment to the amendment -was laid on the table. 

Mr. Branham moved that when the House adjourn, it adjourn till 
2 o'clock P. M., Monday. 
Which was agreed to. 

Leave was granted Messrs. Howard, Riford and O^Brien till Tues- 
day, and Messrs. Stenger and Patterson till Wednesday next. 

Mr. Chambers, from the Committee on Engrossed Bills, made the 
following report : 

Mr. Speaker; 

The Committee on Engrossed Bills have carefully compared en- 
grossed House bill No. 84, with the original bill, and find that the 
same has been, in all respects, accurately and correctly engrossed, 
and corrected under their direction. 

Mr. Humphreys, from the Joint Committee on Enrolled Bills, made 
the following report : 

Mr. Speaker: 

The Joint Committee on Enrolled Bills have examined enrolled 
House bill No. 46, and have instructed me to report the same as cor- 
rectly enrolled. 

The Speaker laid before the House the following message and ac- 
companying documents : 

To the House of Representatives of the State of Indiana : 

The following resolution, passed by your honorable body, wag- 
transmitted to me to-day : 

Resolved, That his Excellency, the Governor, be requested to lay 
before this House, the annual reports of the Auditor and Treasurer 
of State, together with all other reports required to be made to him. 
which by law he is required to present to this House. 

In explanation of the fact that the annual reports of the Auditor and 
Treasurer of State had not been laid before you, I have to state that 
at the time of receiving your resolution, I was not advised that either 



211 

of tke reports had been printed. Upon inquiry, however, I find they 
have been printed, and herewith lay them before you. The report of 
the Superintendent of Public Instruction has not come from the press. 

0. P. MORTON, 
Governor of Indiana. 

Y\^hich, 

On motion. 
Was laid on the table. 

Pending the consideration of Senate bill No. 1, and amendments, 

On motion of Mr. Kilgore, 

The House adjourned. 



2 o'clock, p. m. 
The House met. 

In the absence of the Speaker, the Clerk called the House to order, 
and by unanimous consent, Mr. Higgins took the chair. 

The Speaker ordered a call of the House, when the following mem- 
bers answered to their names : 

Messrs. Abbett, Banta, Beckett, Bonner, Branham, Burnes, Church, 
Collins, Colover, Crook, Cox, Croan, Emerson, Ferris, Goodman, 
Glazebrook, Gregory of Montgomery, Gregory of Warren, Griffith, 
Groves, Hargrove, Higgins, Hogate Hoover, Humphreys, Hunt, 
James, Kilgore, Lasselle, Lemon, Lockhart, Major, Meredith, Miller 
of Tippecanoe, Milroy, Montgomery, McVey, Newcomb, Olleman, 
Osborn, Perigo, Puett, Richards, Richardson, Riford, Roach, Sabin, 
ShoajB; of Allen, Shoaff of Jay, Sim, Stivers, Sullivan of Scott, Trusler, 
Upson, Veach and Wright — 56. 

There not being a quorum present, 

Mr. Sullivan, of Scott, moved that this House adjourn until 9 
o'clock, A. M., to-morrow morning. 
Which was agreed to. 



212 



TUESDAY MORNING, 9 o'clock, \ 
January 31, 1865. J 

The House met. 

The Speaker ordered a call of the House, when the following mem- 
bers answered to their names : 

Messrs. Abbett, Banta, Beckett, Boyd, Burnes, Burton, Burwell, 
Chambers, Church, Collins, Colover, Cox, Croan, Emerson, Ferris, 
Foulke, Goodman, Glazebrook, Gregg, Gregory of Warren, Griffith, 
Groves, Hargrove, Henricks, Hershey, Higgins, Hogate, Hoover, 
Humphreys, Hunt, James, Lemon, Lockhart, Lopp, Major, Meredith, 
Miller of Clinton, Miller of Tippecanoe, Montgomery, Newcomb, OUe- 
man, Osborn, Perigo, Puett, Richards, Richardson, Riford, Sabin, 
Shoaff of Allen, Shuey, Sim, Steward, Stivers, Stringer, Sullivan of 
Scott, Thatcher, Trusler, Upson, Veach, Welch, White, Whiteside, 
Willis, Woodruff, Woods, Wright and Mr. Speaker — 67. 

The Speaker laid before the House the following report from the 
^oard of Trustees of the Wabash and Erie Canal. 

Trustees Office, W. & E. Canal, 1 
Terre Haute, January 30^A, 1865. j 

Dear Sir : I have the honor to submit herewith the Annual Report 
of the Board of Trustees of the Wabash and Erie Canal, which you 
will please lay before the House over which you preside. 

Very Respectfully, 

THOS. DOWLING, 
Resident Trustee. 
Hon. John U. Pettit, 

Speaker of the House of Representatives. 

Which, 

On motion of Mr. Meredith, 
Was laid on the table. 

The Speaker announced the following special committees : 

On the Resolution of Mr. Wright of Jefferson, to convert the 
Northern Prison into a House of Correction — Messrs. Higgins, Wright, 
Milroy, Groves, and Sullivan of Scott. 

On the Resolution of January 13th, in regard to acquiring the copy- 



213 

right of Gavin and Hord's Statutes— Messrs. Gregory of Warren, 
Burton and Rhoads. 

PETITIONS, MEMORIALS, AND REMONSTRANCES. 

By Mr. Montgomery, 

A petition in behalf of the newspaper publishers, praying for some 
amendments or additions to the laws regulating the publication of 
matters required by law. 

Which, 
On motion, 

Was referred to the Committee on Printing. 

By Mr. Steward, 

A petition of Mr. Thomas C. Hill, of Rush county, praying that 
some provision be made empowering certain county officers to control 
the binding out of the children of dissipated parents, who fail to pro- 
vide for their wants. 

Which was referred to Committee on Rights and Privileges of the 
Inhabitants of the State. 

By Mr. Branham, 

A petition in behalf of N. Field, praying that a tract of land lying 
north of Ninth street, Jeffersonville, be exempted by law from taxes, 
until such time as the land is surveyed, the streets opened, and a 
population large enough to justify city taxation. 

Which, 
On motion, 

Was referred to the Committee on County and Township Business. 

By Mr. Stringer, 

A petition in behalf of the citizens of Boone county, praying that 
the law regulating the granting of license to sell spirituous and in- 
toxicating liquors may be so changed as that no license shall be 
granted unless a majority of the voters are in favor of said license. 

Which, 
On motion, 

Was referred to the Committee on Temperance. 

By Mr. Newcomb, 

A petition in behalf of citizens and tax-payers of the city of Law- 
renceburg, praying that the laws be so amended that no city of less 
than 7,000 inhabitants, be permitted to collect a tax in any one year 
exceeding (33) thirty-three cents on the (§100) one hundred dollars 



214 

of taxable property, except on petition of tax- payers to be charged 
■with at least half the tax. 

Which, 
^ On motion, 

Was referred to the Committee on Rights and Privileges of the In- 
habitants of the State. 

REPORTS PROM STANDING COMMITTEES. 

Mr. Branham, from Committee of Ways and Means, made the fol- 
lowing report : 

The Committee of Ways and Means to whom was referred House 
bill No. 70, entitled an act to amend an act entitled an act to pro- 
vide for the compensation of Township Assessors, have had the same 
under consideration, and have directed me to report the same back, 
p.nd recommend its passage. 

Which was concurred in. 

Mr. Miller of Tippecanoe, from the Committee of Ways and Means, 
made the following report. 

Mr. Speaker: 

The Committee of Ways and Means, to whom was referred the 
Resolution enquiring into the expediency of providing by law, for the 
exemption from the payment of poll tax of all persons who have been, 
are now, or may hereafter be in the military service of the United 
States for the term of actual service of such persons, have had the 
same under consideration, and direct me to make the following 
report : 

The committee find that it is expedient and proper to exempt from 
the payment of poll tax, all persons while in the service of the United 
States, provided the same would be " constitutional ;" we, therefore, 
ask that the Resolution be referred to the Judiciary Committee, with 
instructions to report by bill or otherwise. 

^Vhich, 
' On motion by Mr. Brown, 

Was referred to the Committee on the Judiciary. 

Message from the Senate, by Mr. Whittlesey, their Secretary. 

Mr. Speaker : 

I am directed by the Senate, to return to the House of Representa- 
tives enrolled 

Joint Resolution No. 7. -A Joint Resolution instructing our Sen- 



215 

ators and requesting our Representatives in Congress, to endeavor to 
obtain an appropriation for the improvement of the harbor of Michigan 
City. 

AVhich has been signed by the President of the Senate. 

By unanimous consent, 

Mr. Newcomb, from the Special Committee on House bill No. 70, 
mafele the following majority report. 

To the Speaker of the House of Representatives : 

The Select Committee to Avhom was referred House feill No. 70, 
with pending amendments, entitled an act to authorize the several 
counties and incorporated cities in the State of Indiana, to pay 
bounties to volunteers in the army and navy of the United States, to 
-Gonti'act debts and issue bonds, and to levy taxes to pay said Bonds 
and interest thereon, to compensate officers for signing such Bonds, 
and to provide for their ultimate redemption, respectfully report : — 

That section one thereof be amended by striking out " three" and 
insert " one." 

That section 2 thereof be amended, by inserting after the words 
Bonds, in the second line, the words " or County Orders." 

That section 3 thereof be amended, by striking out the words, 
** after five years from the date of their issue, provided that said bonds 
shall not run for a period exceeding twenty years," and insert in the 
place thereof the following words: " within five years from the date of 
their issue, as may be specified in said Bonds or Orders." And further 
amend, by striking out the words '^ semi-annually on the first days of 
January and July each year," and insert the words " annually as the 
same becomes due." And strike out the residue of said section, and 
add, " which payment of interest shall be indorsed on such Bonds or 
Orders at the time payment is made." 

That section 4 be amended, by striking out the word " due," in 
the 5th line in said section, and insert the word " annual" before the 
vrord interest, on said 5th line; and strike ^ut the word ''^ five," in 
line 5, and insert "twenty" in lieu thereof. 

Strike out section 5. and insert the following : '• at any time when 
the County Commissioners, or Common Council of any City, as here- 
inafter mentioned, shall have money in the Treasury to redeem ten 
per cent, or more of said Bonds or Orders, they shall give notice 
thereof in the same manner now provided by law for the redemption 
of County Orders, specifying by their numbers the Bonds or Orders 
they are ready to redeem, commencing with the lowest number, and 
if not presented for payment within ten days after the time fixed by 
said Commissioners or Common Council, interest thereon shall cease 
from that date ; and said funds may be applied to the redemption of 



216 

any other of said Bonds or Orders outstanding; : Provided, that said 
tax may, at the option of the tax-payer, be paid in whole or in part 
in the Bonds or Orders issued under the provisions of this act." 

That section 6 be amended, by striking out the word "three," in 
line 4, and insert the word " one." 

That section 7 be amended, by inserting after the word Bonds, in 
line o, the words " or City Orders." 

That section 8 thereof be amended, by striking out the words 
" after five years from the date of their issue, provided that said Bonds 
shall not run for a period exceeding twenty years," and insert in 
place thereof the following words, " within five years from the date of 
their issue, as may be specified in said Bonds or Orders ; and further 
amend, by striking out the words " semi-annually on the first days of 
January and July each year," and insert the words " annually as the 
same becomes due;" and strike out the residue of said section, and 
add " which payment of interest shall be endorsed on such Bond or 
Order at the time the payment is made." 

That section 9 be amended, by striking out the word " five" and 
insert " twenty;" and further amend the same by inserting after the 
word Bonds, wherever the same appears, the words " or City Orders." 

That section 10 be amended, by inserting the words " or Orders" 
after the word "Bonds" in the third and fifth lines of the same 
article. 

That section 12 be striken out, and the following inserted: such 
County or City Orders shall be issued and authenticated in the man- 
ner now provided for by law ; and Bonds issued by any County under 
the provisions of this act, shall be signed by the County Auditor and 
Treasurer, and attested by the seal of the Board of Commissioners, 
(if it have a seal,) and the City Bonds issued in like manner, shall be 
signed by the Mayor and Clerk of such City, and attested by the seal 
of the City and the Board of County Commissioners ; and Common 
Council of Cities shall fix the compensation of said officers for signing 
such Bonds or Orders. 

Insert the following section, as section 13. 

All laws and parts of laws conflicting with the provisions of this 
act, are hereby repealed. 

That section 13 be numbered as section 14, and after the adoption 
of said amendments, the committee respectfully recommend the 
passage of the bill. 

Mr. Brown, from the same Committee, made the following minority 
report : 

Strike out from the enacting clause, and insert the following : 
Section 1. That there shall be paid by the State of Indiana, to 
all volunteers from said State, a bounty of one hundred dollars when- 
ever the volunteer shall be mustered into the service of the United 
States. 

Sec. 2. That for the purpose of paying said bounties, four million 



217 

five hundred thousand dollars, or as much thereof as may be required, 
is hereby appropriated out of any money in the treasury not other- 
wise appropriated. 

Sec. 3. That for the purpose of meeting the appropriation in the 
preceding section made, there shall be assessed and collected, eighty 
cents upon each one hundred dollars of valuation of the taxable pro- 
perty subject to taxation in the State. 

Sec. 4. That no volunteer shall be entitled to or paid said bounty, 
or any part thereof, until he shall have been duly credited to the 
township in which he resided at the time of his enlistment, and had so 
resided at least thirty days prior thereto. 

Sec. 5. All bounties by counties, cities, towns, or townships, are 
hereby declared illegal and void, and are hereby strictly prohibited. 

Sec. 6. Any officer, whether county, city, town, or township, who 
shall in anywise be concerned in granting or paying any bounty, in 
contravention of the next preceding section, or who shall be in any- 
wise aiding and abetting in so doing, shall be declared guilty of a 
misdemeanor, and upon due conviction thereof, shall be fined not less 
than five hundred, nor more than one thousand dollars, to which may 
be added imprisonment for not more than one year. 

Sec. 7. That whereas, an emergency is declared to exist for the 
immediate taking efi'ect of this act, it shall take efi'ect and be in force 
from and after its passage. 

Mr. Wright moved that the Reports, bill and amendments lay on 
the table, and that 200 copies be printed for the use of this House. 
Which was agreed to. 

Mr. Gregory of Warren from the Committee on Education, made 
the following report : 

The Committee on Education, to whom was referred House bill 
No. 22, in relation to legalizing the sales of certain, school lands in 
Lake county, ofi'ered by Mr. Woods, have had the same under con- 
sideration, and they have instructed me to report that it is expe- 
dient to pass said bill. Your Committee, therefore, return the same 
to the House, and recommend its passage. 

Which, 
On motion. 

Was laid on the table. 

Mr. Gregory of Warren, Chairman of the Committee on Education, 
made the following report : 

Mr. Speaker : 

The Committee on Education, to whom was referred the petitions 
of sundry German citizens of Allen county, presented to the House 
by Mr. Shoafi", of Allen county, asking the Legislature to consider 



218 

tlie propriety of establishing German common schools in the State of 
Indiana, upon similar principles as adopted in the State of Ohio or 
Pennsylvania, for the benefit of our German population, and those 
who desire to acquire a knowledge of the German language besides 
the English, have had the same under consideration, and they have 
instructed me to report against the propriety of granting the prayer 
of the petitioners at this time, for the reason that they deem it inex- 
pedient to have established two systems of common free schools, one 
for the English and one for the German language. The English 
language being the chief language in use, and likely to remain such, 
our German friends having the privilege and benefit of our free 
school system for the taxes imposed upon them. Should any one 
desire to become acquainted with the German language, opportuni- 
ties are off*ered to him in many schools and institutions in the State 
where such German language may be acquired for a reasonable com- 
pensation; that the cost of such a system of German free schools 
would overrun the profits to be derived from the same. 
All of which is respectfully submitted. 

Mr. Miller of Tippecanoe moved to recommit, with the following 
instructions : 

Refer back to the Committee with instructions to report" whether it 
would not be proper and expedient to have the German language 
taught in our public schools, where the interest and wishes of' the 
inhabitants desire it, or a sufficient number of German pupils to 
omploy a German teacher, desires to attend said free school. 

Which was as-reed to. 

Mr. Burnes, from the Committee on Rights and Privileges of the 
Inhabitants of the State, made the following report : 

Mr. Speaker : 

The Committee on Rights and Privileges, to whom was referred 
the resolution directing said Committee to inquire into'the expediency 
of reporting a bill for the more effectual protection of the Sabbath 
day, have had the same under consideration, and report the same back, 
and recommend that it lie upon the table, believing that any further 
legislation on the subject is, at this time, unnecessary and inexpe- 
dient. 

On the motion to concur in the recommendation of the report, 
there not appearing to be a quorum voting. 

The Speaker ordered a call of the House, with the following 
result : 

Messrs. Abbett, Banta, Becket, Bird, Bonner, Boyd, Branham, 
Brown, Burnes, Burton, Burwell^ Buskirk, Church, Collins, Colover, 



219 

Cook, Groan, Ferris, Foulke, Goodman, Glazebrook, Gregg, Gregory 
of Montgomery, Gregory of Warren, Griffith, Groves, Hargrove, 
Henricks, Hershey, Higgins, Hogate, Hoover, Humphreys, Hunt, 
James, Kilgore, Lemon, Lockhart, Lopp, Major, Meredith, Miller of 
Clinton, Miller of Tippecanoe, Milroy, Montgomery, McVey, New- 
comb, Olleman, Osborn, Rhoads, Richards, Richardson, Riford, 
Roach, Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Steward, Stivers, 
Stringer, Sullivan of Scott, Thatcher, Upson, Veach, Welch, White, 
Whiteside, Willis, Woodruff, Woods, Wright, Zeigler and Mr. 
Speaker — 76. 

Their being a quorum present, then. 

On motion. 
The report was concurred in. 

Mr. Hogate, from the Committee on Agriculture, made the follow- 
ing report : , 

Mr. Speaker: 

The Committee on Agriculture, to whom was referred House bill 
No. 20, a bill for the encouragement of agriculture, have had the 
same under consideration and direct rae to report the same back to 
the House and recommend its passage. 

Which, 



On motion 



Was laid on the table. 

Mr. Branham, from the Joint Special Committee, on the expendi- 
tures of the Governor, made the following majority report: 

Mr. Speaker: 

The Joint Committee, appointed by the Senate and House of Rep- 
resentatives for the purpose of examining the vouchers in relation 
to the receipts and expenditures of money by the Governor, have 
discharged that duty, and beg leave to report that they find the books 
and vouchers all proper and correct, and that there has been great 
care in the disbursements of the funds borrowed and received to 
carry on the State Government, and in protecting the public interest. 

We find the Governor chargeable with one million twenty-six thou- 
sand three hundred and twenty-one dollars and thirty-one cents, 
received from various sources. He has disbursed, as shown by the 
proper vouchers on file, nine hundred and two thousand and sixty- 
five dollars and eight cents, leaving a balance now in his hands of 
one hundred and twenty-four thousand two hundred and sixty-five 
dollars and twenty-three cents, which is on deposit in bank, as shown 
by certificates of deposit. 



220 

The following statement of the account is a full exhibit of all the 
financial transactions of the Governor : 

RECEIPTS: 

On Account of Loans from Counties, Individuals, ^o. 

From Decatur county, June 13, 1863 87,000 00 

From Tippecanoe county, June 15, 1863 5,000 00 

From Marion county, June 15, 1863 jl0,000 00 

From Marion county, February 1, 1864 10,000 00 

20,000 00 

From Vermillion county, June 18, 1863 2,500 00 

From Hendricks county, June 19, 1863 $6,550 00 

From Hendricks county, July 15, 1863 3,450 00 

10,000 00 

From Henry county, June 23, 1863 6,000 00 

From Lake county, June 23, 1863 1,000 00 

From Parke county, June 23, 1863 2,000 00 

From Fayette county, June 24, 1863 5,000 00 

From Lagrange county, June 27, 1863 4,000 00 

From Wabash county, June 29, 1863 10,000 00 

From William S. Keed and others, citizens of Wayne county, August 3, 1863... 20,000 00 

From Delaware county, August 5, 1863 5,000 00 

From Warren county, August 24, 18G3 2,500 00 

From Boone county, September 25, 1863 $1,200 00 

From Boone county, January 14, 1864 3,800 00 

5,000 00 

From Hamilton county, January 27, 1864 2,C00 00 

From Terre Haute and Eichmond E. E. Co., October 30, 1863 15,000 00 

From W. E. McKeen, January 19, 1864 10,000 00 

From St. Joseph county, February 5, 1864 3,000 00 



§135,000 00 



On Account of Advancement hy United States, 

From Treasurer United States, for military purposes 250,000 CO 

On Account of Temporary Advancement. 

From 0. P. Morton, June 14, 1864, for military purposes 1,483 00 

On Account of Indiana Arsenal, 

From Treasurer United States, two drafts, April 18, 1863, for ammunition, &c...$72,329 84 
From Treasurer United States, one draft, June 29, 1863, for ammunition, &c.... 17,928 98 

From Treasurer United States, one draft, July 11, 1863, for ammunition, &c 47,594 30 

From Treasurer United States, one draft, August 12, 1863, for ammunition, &c. 38,548 76 
From Treasurer United States, one draft, Sept. 30, 1863, for ammunition, &c.„. 53,971 55 

From Treasurer United States, one draft, Nov. 13, 1863, for ammunition, &c 41,361 88 

From Treasurer United States, one draft, April 22, 1864, for ammunition, Ac... 50,217 17 
From Treasurer United States, one draft, April 29, 1864, for ammunition, &c..,. 16,933 31 

From Mihtary Auditing Committee, AprU 18, 1864, buildings sold 1,108 80 

From T. A. Lewis, June 14, 1864, refunded for over draft 4 25 



339,993 92 



On Account of Indiana Militia. 

From Treasurer United States, Feb. 1, 1863, on State Paymaster's vouchers ?32,000 00 

From Treasurer United States, April 22, 1864, on State Paymaster's vouchers... 47,355 62 
From Treasurer United States, June 14, 1864, on State Paymaster's vouchers... 27,404 56 
From Treasurer United States, June 26, 1864, on State Paymaster's vouchers.... 64,352 20 
From Treasurer United States, June 26, 1864, on State Paymaster's vouchers.... 13,273 82 

From Treasurer United States, Aug. 2, 1864, on State Paymaster's vouchers 3,026 79 

J) rem Major Stearns Fisher, State Paymaster, refunded November 6, 1863.„ 50,000 00 



§237,413 05 



221 
On Account of Military Contingent Fund. 

From A. Stone, Quartermaster General, on Steamboat account, July 22, 18G3... S2,724 GO 

From James Thompson, Indiana Military Agent, refunded, August 12, 18G3 100 00 

From James Thompson, Indiana Military Agent, refunded, October 7, 1863 35 00 

From Jason Ham, Indiana Military Agent, refunded, October 7, 1853 200 00 

From Treasurer United States, Steamboat accoimt, April 18, 1804 2,G51 50 

From sale of United States Certificates of Indebtedness of §4,000, on Steamboat 

account, April 18, 18G4, proceeds 3,934 07 

From J. W. Montfort, Indiana Military Agent, stores for prisoners of war sold, 

July 2(i, 18C4 1,339 90 

From the United States, per W, H. H. Terrell, special premiums refunded, Sep- 
tember 8, 18G4 49,740 00 



co,724 yy 



On Account of Army Supplies. 

From iMajor Stevenson, Paymaster United States, on account of Captain Patton's Com- 
pany, Third Indiana Cavalry, equipments furnished by State Quartermaster General, 
August 14, 18G3 1,150 50 

On Account of Donation. 

From Jacob Hannen, donated for Denevoleut Institutions, April 21, 18G3 50 00 

On Account of Northern Indiana Prison. 

From D. G. Rose, United States Marshal, keeping United States convicts, July 2G, 18C4... 500 87 

Total receipts Sl ,02G,321 31 

DISBURSEMENTS. 

On Account of Benevolent Institutions. 

For Hospital for the Insane, supplies and expenses S81,G80 89 

For Institute for the Blind, supplies and expenses 42,491 73 

For Asylum for the Deaf and Dumb, supplies and expenses 20,464 60 

§150,037 22 

On Account of State Prisons. 

For Northern Prison, supplies and expenses §34,590 19 

For Northern Prison, on old indebtedness, .....'. 1,250 00 

For Southern Prison, supplies 4,000 00 

38,840 19 

On Account of Superintendent of Public Instruction. 

For office and traveling expenses 1,552 QA 

On Account of Civil Contingencies. 

For sundry expenses, civil business 3,731 88 

On Account of Temporary Advancement. 

For amount repaid 0. P. Morton, December 31, 1864, for money advanced 1,483 00 



222 

On Account of Interest on Loans. 

For one year's interest, in advance, on Citizens' Wayne county Loan, at 6 per 

cent., August 3, 18(J3 .\ •.. S1,2C0 00 

For one year's interest, in advance, on Citizens' Wayne county Loan, at 6 per 

cent., Jiilv 28, 18G4 1,200 00 

S2,400 0() 

On Account of Indiana Arsenal. 

For supplies, labor, &c., per vouchers filed §181,389 33 

JTor amount refunded M. L. Brett, Treasurer of State, June 17, 1864, for mon- 

cvs drawn from the State Treasury on account of Arsenal 87,229 58 

2CS,C1S 90 

On Account of Indiana Militia. 

For amount advanced Jlajor Stearns Fisher, State Paymaster, Oct. 19, 18G3... §50,000 00 

For amount advanced Major Stearns Fisher, State Paymaster, Dec. 8, 1863 50,000 00 

For amount advanced Major Stearns Fisher, State Paymaster, Jan. 8, 1864 71,368 88 

For amount refunded M.L.Brett, Treasurer of State, August 10, 1864, for 

moneys drawn by State Paymaster from State Treasury 75,000 00 

240,331 Ss 

On Account of 3Iilitary Contingent. 

For special premiums, 11,971 recruits, §6 each §79,746 00 

For Steamboat, relief of sick and wounded 29,512 43 

For special surgeons to army and hospitals 15,055 42 

For supplies of Indiana prisoners of war 5,639 01 

For recruiting services and expenses, raising troops 9,371 54 

For miscellaneous military expenses 10,390 92 

For advanced Brig. Gen. Carrington, commanding District of Indiana, for mili- 
tary purposes, August 4, 1864, to be paid by United States 1,000 GO 

For advanced to Maj. Gen. Hovey, commanding District of Indiana, for mili- 
tary pnrposes, Nov. 1, 1864, to be refunded by United States 5,000 00 

For military telegraphing 2,037 05 

For Indiana military agencies _ 4,139 51 

For military services 3,813 58 

Vov i-efreshmeuts, &c., for returning veteran volunteers at Jeficrsonville 3,537 30 

100,242 7'^ 

On Account of Indiana Armory. 

For equipments, materials, repairs of arms, expenses of ordnance office, &c 23,730 2-.> 

On Account of Allotment Commissioner. 

For salary and expenses Allotment Commissioner, collecting and tratsmitting pay of In- 
diana soldiers 1.204 31 

On Account of Ordnance Office. 

For clerk hire and expenses adjusting accounts for the army, fur tlie State, and for Indi- 
ana volunteer officers, with United States \ 1,10G Of 

On Account of Soldiers'' National Cemetery. 

Fit first installment of 25 per cent, on amount assessed against the State for purchase of 

grounds expenses of re-intering Indiana soldiers, Gettysburg, Pa 1,156 00 

Total disbursements $902,065 08 

Cash in bank 121,256 2.i 

$1,026,321 31 






RECAPITULATIOIs. 

From the foregoing data, the following statement of the Gover- 
nor'^s account with the State^ as it stands at this time, is made : 

Governor 0, P. Morton, i7i account ivith iJie State of Indiana, 

BEBITy 

For cash, advanced by the United States §250,000 00 

For cash, raised on loans from counties, &c 135,000 00 

For cash, profits of Arsenal 71,380 00 

For cash, from 3rd Ind., Vol. Cavalry 1,150 50 



Total........... 1457,530 51 

CREDIT AS PER VOUCHERS, 

By amount due from State Paymaster .,.,„ §8,948 8-5 

Due from United States on account of Armory 23,730 29 

Due from U. S. on account of Ordnance Officer.. 1,106 00 

Due from U. S. on account of Military Contingent 99,517 79 



Total Military Vouchers unadjusted , ....§133,302 91 

Benevolent Institutions §150,587 22 

Northern Prison 35,339 32 

Southern Prison 4,000 00 

Civil Contingent , 3,731 88- 

Interest on Loans payable to counties 2,400 00 

Superintendent Public Instruction 1,552 64 

Allotment Commissioner - 1,204 31 

Soldiers, National Cemetery 1,156 00 



Total charge to State proper §199,971 37 

Balance cash on hand .,., 124,256 23 



Total §457,530 51 

The two hundred and fifty thousand dollars, money furnished the 
Governor by the General Government, as a disbursing officer, is not 
wholly provided for ; and,, also, the one hundred and thirty-five thou- 
sand dollars due to counties and corporations, borrowed for the pur- 
pose of carrying on the Benevolent Institutions, &c. 

There is due from the General Government to the State, as shown 
by the proper vouchers on file, one hundred and thirty-three thousand 
three hundred and two dollars and ninety-one cents, which, with the 
balance of cash now on hand, would overpay the amount due the 
General Government. This would leave the amount used for carry- 



224 

ing on the Benevolent Institutions unprovided for, but this Com- 
mittee would make the following recommendation : That the two 
hundred and fifty thousand dollars received from the General Gov- 
ernment be assumed by the State, and the amount placed to the credit 
of the General Government, and any claims the State has or may 
have, in the future, will be a legal off-set against this amount, and 
that the one hundred and thirty-five thousand dollars, borrowed from 
counties, corporations and individuals, be paid out of the Treasury 
of the State, including interest at the rate of six per cent, per 
annum, from the date of receipt to date of repayment of the same ; 
that the amount of one hundred and twenty-four thousand, two hun- 
dred and sixty-five dollars and twenty-four cents, now in the hands of 
the Governor, be paid over to the Treasurer of State, to be placed to 
the credit of the general fund. We further recommend that all 
books, vouchers and claims be handed over, by the Governor, to the 
Auditor of State for preservation and reference, as to the finances of 
the State, so far as carijied on by the Governor, and that the same 
be recognized as the act of the State, and that the State relieve the 
Governor from any further liability, after paying over the funds now 
in his hands. 

The Committee can not complete this report without expressing 
their entire satisfaction of the manner and ability with which this 
department has been conducted under the control of the Financial 
Secretary, Col. W. H. H. Terrell. The system of vouchers adopted 
by him for the expenditures of the Benevolent Institutions, prisons, 
&c., are more full and complete than they have ever before been, and 
we respectfully recommend that these Institutions be required to 
use the same forms in future. 

By request of the Governor, the Committee have inquired of the 
banks where the Governor kept the deposits of the State, and find 
that the interest on the deposits has not been allowed or paid to him, 
either directly or indirectly. 

Which, 

On motion by Mr. Branham, 
Was laid on the table and 500 copies ordered to be printed* 

Mr. Humphreys, from the same Committee, asked consent to make, 
at some future time, a minority report, and have the same printed 
with that of the majority. 

Which was agreed to. » ' 

Mr. Collins, of Adams, from the Special Committee on House bill 
No. 8, made the following report : 

Mr. Speaker: 

The Special Committee, to whom was referred House bill No. 8, 
having had the same under consideration, respectfully report the 



225 

same back to the House with the following amendments, and with 
such amendments recommend the passage of the bill : 

Amend the title of the bill by adding to the first line of the title, 
after the word "and," " providing a fund." 

Strike out all of the title of the bill after the figures " 1861," in 
the seventh line, and insert " and providing that nothing in this act 
shall be so construed as to conflict wtth the provisions of an act, 
entitled, " An Act for the protection of sheep," approved June 15, 
1852." 

Amend section 1, seventh line, by striking out the word " or," after 
the word *' owned," and insert the words " or harbored," after the 
word "kept." 

Amend section 2, seventh line. After the word " owned " insert 
the words "kept or harbored," and in the tenth line strike out " fifty 
cents" and insert "one dollar;" and in the eleventh line, after the 
word " owned," strike out the word " or," and after the word " kept " 
insert the words "or harbored;" in the thirteenth line strike out 
" one " and insert " two." 

Amend section 6, fourth line. After the word " shall" insert, "for 
every such ofi'ense," and after the word " township," in the eighth 
line, strike out the balance of said section. 

Amend section 8, ninth and tenth lines. Strike out these words, 
" and all other laws conflicting with the provisions of this act," and 
insert "provided that nothing in this act shall be so construed as to 
conflict with the provisions of an act for the protection of sheep, 
approved June 15, 1852." 

Which, 
On motion, 

Was laid on the table. 

Mr. Kilgore introduced 

House bill No. 93. A bill to regulate and license the sale of 
spirituous, vinous, malt and other intoxicating liquors — to prohibit 
the adulteration of liquors — giving the Circuit Court jurisdiction to 
try certain ofl'enses herein defined ; to repeal all former laws contra- 
vening the provisions of this act, and prescribing penalties for the 
violation thereof. 

Which was read a first time, and, 
On motion by Mr. Shuey, 

Was referred to the Committee on Temperance, and 300 copies 
ordered to be printed. 

H.J.— 15 



226 

By unanimous consent, 

Mr. Milroy offered the following resolution : 

Resolved, That the Judiciary Committee now be instructed to report 
Senate bill No. 3 back to this House instanter, for further action on 
said bill. 

i 

Mr. Brown moved to amend the resolution, by making it one of 
inquiry. 

The resolution, as amended, was then adopted. 

The Speaker announced the following Select Committee on House 
bill No. 4, and pending amendments: 

Messrs. Griffith, Steward, Buskirk, Boyd and Lasselle. 

By unanimous consent of the House, the Committee on Military ; 
Affairs was granted leave of absence to go into a meeting of the com- 
mittee. 

Mr. Henricks offered the following resolution : 

Resolved, That the Speaker of this House be now instructed to take 
from his table all bills that may have been once read, in the order in 
which they were read, so that they may be referred to committees, in 
accordance with Rule 58, as now amended. 

Which was adopted. 

"Whereupon, the Speaker directed the execution of the order. i 

BILLS ox FIRST READING. 

House Joint Resolution No. 8, was taken up, ana, 

'On motion by Mr. Higgins, 
"Was laid on the table. 

'House bill No. 26, was taken up, and, i 

On motion. 

Referred to the Committee on Education. 

House Joint Resolution No. 9, was taken up, and, 

On motion by Mr. Thatcher, 
:Laid on the table. , 



227 ■ 
Hous^ bill No. 27, was taken up, and>, 
On motion by Mr. Higgins, 
, Referred to the Committee on the Judiciary. 

House bill No. 28, was taken up, and, 

On motion by Mr. Beckett, 
Eeferred to the Committee on the Judiciary. 
House bill No. 29, was taken up, and. 

On motion by Mr. Woods, 
Referred to the Committee on Agriculture. 

House bill No. 30, was taken up, and, 

On motion by Mr. Wright, 
Referred to the Committee on Railroads. 

House bill No» 31, wa^s taken up, and, 

On motion by Mr. Beckett, 
Referred to the Committee on County and Township Business-, 

House bill No. 32 was taken up, and. 

On motion by Mr. Stringer, ^ ■« 

Was referred to the Committee on the Judiciary. 

House bill No. 33 was taken up, and. 

On motion by Mr. Shoaff of Jay, » 

Was referred to the Committee on Temperance. 

House bill No. 34 was taken up. 

Mr. Gregg moved to refer it to the Committee on the Judiciary. 

Which was not agreed to. 

Mr. Groves moved to refer it to the Committee on the Organiza* 
tion of Courts of Justice. 

Which was agreed to. 



House bill No. 35 was taken up, and, 
On motion by Mr. Burton, 

Was referred to the Committee on Rights and Privileges of tlis> 
Inhabitants of the State. 

House bill No. 36 was taken up, and, 

On motion by Mr. Henricks, 
Was referred to the Committee on Education, 
House bill No. 37 was taken up, and, 

On motion by Mr. GroTes, 
Was referred to the Committee on Elections.- 
House bill No. 38 was taken up, and, 

On motion by Mr. Burnes, 
Was referred to the Committee on Education. 
House bill No. 40 was taken up, and^ 

On motion by Mr. Rhoads^ 

Was referred to the Committee on Education.- 

House bill No. 41 was taken up. 

Mr. James moved to refer to the Committee on the Judiciary. 

Mr. Milroy moved to refer to the Committee on the Rights and 
Privileges of the Inhabitants of the State. i 

Mr. Groves moved to refer to the Committee on Organization of 
Courts of Justice. 

The motion to refer to the Committee on the Judiciary having 
precedence, was put, and the bill was so referred. 

House bill No. 42 was taken up, and. 

On motion by Mr. Sullivan of Scott, 
Was referred to the Committee on County and Township B»asiness. 



22^ 

Homse bill No. 43 was taken up, and, 

On motion by Mr. Gregory of "Warren, 

Was referred to the Committee on Organization of Courts of 
Justice. 

House bill No. 44 was tdken up, and, 

On motion by Mr. Burnes, 
Was referred to the Committee on the Judiciary. 

House bill No. 47 was taken up, and, 

On motion by IVIr^ Lockhart, 
W as referred to the Committee on the Sinking Fund, 

House bill No. 48 was taken up, and. 

On motion by Mr. Whiteside, 
Was laid on the table. 

House bill No. 49 was taken up, and. 
On motion by Mr. Shoaff of Jay, 
Was referred to the Committee on Roads. 
House Joint Resolution No. 10 was taken up. 
Mr. Brown moved to refer to the Committee on Military Affairs. 
Mr. Milroy moved to refer to the Committee on the Judiciary. 
Which was not agreed to. 
Mr. Brown's motion then prevailed. 

House bill No. 50 was taken up, and. 

On motion by Mr. Groves, 
Was referred to the Committee on Swamp Lands, 






230 

House bill No. 51 was then taken up. 

f 

Mr. Sullivan of Scott moved to refer to the Committee on County 
and Township Business. 

Which was not agreed to. 

Mr. Stringer moved to refer to the Committee on Roads. 

Which was agreed to. 

House bill No. 52 was taken up, and, 

On motion by Mr. Stivers, 
Was referred to the Committee on County and Township Business- 
House bill No. 53 was taken up, and. 

On motion by Mr. Burnes, 
Was referred to the Committee on County and Township. Business. 
House bill No. 54 was taken up, and, 

On motion by Mr. Lockhart,. 
Was referred to the Committee on Education. 

House bill No. 55 was taken up^ and, 

On motion by Mr. Woods, 
Was referred to the Committee on Swamp Lands- 
House bill No. 56 was taken up, and. 

On motion by Mr. Miller of Clinton, 
Was referred to the Committee on Fees and Salaries. 
House bill No. 57 was taken up, and, 

On motion by Mr. Milroy, 

Was referred to the Committee on the Organization of Courts of 
Justice. 



231 

House bill No. 58 was taken up, and, 

On motion by Mr. Rhoads, 

Was referred to the Committee on Rights and Privileges of Inhab- 
itants of the State. 

House joint resolution No. 11 was taken up, and. 

On motion by Mr. Woods, 
Was referred to the Committee on Swamp Lands. 
House bill No. 60 was taken up, and. 

On motion bp Mr. Hoover, 

Was referred to the Committee on Corporations. 

House bill No. 61 was taken up, and. 

On motion, 
Was referred to the Committee on the Judiciary. 
House bill No. 62 was taken up, and. 

On motion bv Mr. Lockhart, 

I 

Was referred to the Committee on Corporations. 

Message from the Governor, by Mr. B. R. Sulgrove, his Private 
Secretary. 

State of Indiana, Executive Department, 1 
Indianapolis, January 31st, 1865. j 

To the Speaker of the House of Representatives : 

I am directed by the Governor to inform the House that he has 
approved Enrolled Joint Resolution No. 7, entitled a Joint Resolu- 
tion instructing our Senators and requesting our Representatives in 
Congress to endeavor to obtain an appropriation for the improvement 
of the Harbor at Michigan City and the same has been filed in the 
office of the Secretary of State. 

House bill No.*64 was taken up, and, 

On motion by Mr. Miller of Clinton, 

Was referred to the Committee on the Judiciary. 



Plouse bill No. 65 was taken up, and, 

On motion by Mr. Lasselle, 

AVas referred to the Committee on the Judiciary. 

House bill No. 6Q was taken up, and, 

On motion by Mr. Groves, 

Was referred to the Committee on County and Township Business. 

Mr. Milroy moved to reconsider the vote by which House bill No. 
66 was referred to the Committee on County and Township Business. 
Which was not agreed to. 

House bill No. 67 was taken up, and. 

On motion by Mr. Miller of Clinton, , 

Was referred to the Committee on the Judiciary. 

House bill No. 68 was taken up. 

Mr. Sullivan, of Scott, moved to refer to the Committee on Mili- 
tary Affairs. 

Mr. Gregory, of Warren, moved to refer to the Committee on the 
Judiciary. 

Which was not agreed to. 

Mr. Sullivan's motion to refer to the Committee on Military Affairs 
was then agreed to. 

House bill No. 69 was taken up and on motion by Mr. Lockhart 
was referred to the Committee on Roads. 

House bill No. 71 was taken up, and, 
On motion by Mr. Bird, 

Was referred to a Select Committee of Five. 
House bill No. 72. was taken up, and, 

On motion by Mr. Boyd, ' 

Was laid on the table. 
House bill No. 73 was taken up, and, ' 

On motion by Mr. Lockhart, 
Was referred to the Committee on Roads. 



233 
House bill No. 74 was taken up, and, 

On motion by M. Miller, of Clinton, 
Was referred to the Committee on the Judiciary. 
House bill No. 75, was taken up, and, 

On motion by Mr. Hargrove, 
Was referred to the Committee on Railroads. 
House bill No. 76 was taken up, and. 

On motion, by Mr. Milroy, 
Was referred to the Committee on Education. 
House bill No. 77 was taken up, and, 

On motion by Mr. Shoaff, of Jay, 
Was referred to the Committee on the Judiciary. 

House bill No. 78, was taken up, and, 

On motion by Mr. Hershey, 
Was referred to the Committee on Swamp Lands. 

House bill No. 79 w^as taken up, and. 

On motion by Mr. Wright, 
Was referred to the Committee on Roads. 

House bill No. 80 was taken up, and 

On motion by Mr. Shuey, 
Was referred to the Committee on Ways and Means. 
House bill No. 81 was taken up, and, 

On motion by Mr. Lockhart, 
Was referred to the Committee on Swamp Lands. 



234 

House bill No. 82 was taken up, and, % 

On motion by Mr. Meredith, 
Was referred to the Committee on Education. 
House bill No. 83 was taken up, and, 

On motion by Mr. Milroy, 
Was referred to the Committee on Corporations. 
House bill No. 85 was taken up, and, 

On motion, 
Was referred to the Committee on Agriculture. 
House bill No. 86 was taken up, and, 

On motion by Mr. Woods, 
Was referred to the Committee on Swamp Lands. 
House bill No. 87, was taken up, and, 

On motion, 

Was referred to the Committee on the Organizations of Courts of 
Justice. 

House bill No. 88, was taken up, and, 

On motion by Mr. Miller of Tippecanoe, 
Was referred to the Committee on Corporations. 
House bill No. 89, was taken up, and. 

On motion by Mr. Groves, 
Was referred to the Committee on Railroads. 
House bill No. 90, was taken up, and, 

On motion. 
Was referred to the Committee on Fees and Salaries^ 



235 • * 

House bill No. 91, was taken up, and, 

On motion by Mr. Wright, 
Was referred to the Committee on the Judiciary. 
House bill No. 92, was taken up, and, 

On motion by Mr. Sullivan of Scott, 
Was referred to the Committee on County and Township Business. 

House bill No. 93, was taken up, and. 

On motion by Stringer, 
Was referred to the Committee on Temperance. 
Senate bill No. 23, was taken up, and 

On motion. 
Was referred to the Committee on the Judiciary. 
Senate bill No. 4, was taken up, and, 

On motion by Mr. Brown, 
Was referred to the Committee on the Judiciary. 
Senate Joint Resolution No. 10, was taken up, and, 

On motion by Mr. Sullivan of Scott, 
Was referred to the Committee on Agriculture. 
Senate bill No. 7, was taken up, and. 

On motion by Mr. Stringer, 

Was referred to the Committee on the Organization of Courts of 
Justice. 

Senate bill No. 8 was taken up, and. 

On motion of Mr. Sullivan of Scott, 
Referred to the Committee on Corporations* 



I 



236 

Sen-ate bill No. 11 was taken up, and, 

•On motion by Mr. Groves, 
Referred to tlie Committee on the Organization of Courts of Justi-ee- 

Se6ate bill No. 14, was taken up, and, 

On motion by Mr. Brown, 
Referred to the Committee on the Judiciary. 
Senate Joint Resolution No. 5, was taken up, and. 

On motion bj Brown, 
Referred to the Committee on Military Affairs. 

Mr. Wright moved to suspend the order of business, and take up 
bills on third reading. 
Which was agreed to. 

House bill No. 7, was taken up. 

Mr. Higgins moved that the bill be considered engrossed, and read 
a third time now. 

Which was agreed to- 

House bill No. 7. A bill to amend the first section of an act, 
entitled, ^' An act to amend the second section of an act entitled, ' an 
act eoneerning the organization of Yoluntary Associations, and re- 
pealing former laws in reference thereto,' " approved February 12th, 
1855, so as to authorize the formation of Ferry Companies, approved 
February 16th, 1857, so as to authorize the survey, construction, •; 
maintenance and repair of Harbors, Docks and Piers, upon Lake 
Michigan, and other navigable waters, and to assess and collect tolls, 
for the u&e thereof, 

Was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Banta, Beckett, Bird, Bonner, Boyd, Branham, Brown, I 
Burnes, Burton, Burwell, Buskirk, Chambers, Church, Collins, Colo- 
ver. Cook, Cox, Croan, Emerson, Ferris, Foulke, Goodman, Glaze- 
brook, Gregg, Gregory of Warren, Griffith, Groves, Hargrove, Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, Humphreys, Hunt, James, 
Lasselle, Lemon, Lockhart, Lopp, Major, Meredith, Miller of Clinton^ 



2E7 

Miller of Tippecanoe, Milroy, Montgomery, McVey, Newcomb, OTIe- 
man, Osborn, Perigo, Reese, Rlioads, Richards, Richardson, Riford^ 
Sabin, ShoafF of Allen, Shoaff of Jay, Shuey, Steward, Stivers, String- 
er, Upson, Veach, Welch, WhitSy Woodruff, Woods, Wright, Zeigler 
and Mr, Speaker— 72. 

Mr. Kilgore voting in the negative. 

The question beings shall the title as rsad stand as the title of the 

m\ ? 

It was so ordered. 
So the bill passed. 
Ordered, That the Clerk inform the Senate thereof, 

House Joint Resolution No. 12. A Joint Resolution on behalf of 
the Grand Rapids and Indiana Railroad Company, asking that an 
extension of time be granted by the Congress of the United States^ 
to enable them to complete the construction of their road, 

Was read a third time. 

The question being, shall the Joint Resolution pass? 

Those who voted in the affirmative were, 

Messrs. Abbett, Banta, Beckett, Bird, Bonner, Boyd, Branham^ 
Brown, Burnes, Burwell, Buskirk, Chambers, Church, Collins, Colover, 
Cook, Cox, Croan, Emerson, Ferris, Goodman, Glazebrook, Gregg, 
Gregory of Warren, Griffith, Groves, Hargrove, Henricks, Hersheyy 
Higgins, Hogate, Hoover, Humphreys, Hunt, James, Kilgore, Las- 
selle, Lemon, Lockhart, Lopp, Major, Meredith, Miller of Clinton, 
Miller of Tippecanoe, Milroy, Montgomery, McVey, Newcomb, Olle- 
man, Osborn, Perigo, Reece, Rhoads, Richards, Richardson, Riford, 
Roach, Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Steward, Stivers, 
Stringer, Trusler, Upson, Veach, White, Willis, Woodruff, Woods, 
Wright, Zeigler and Mr. Speaker — 74. 

None voting in the negative. 

The question being, shall the title as read, stand as the title of the 
Joint Resolution? 

It was so ordered. 

So the Joint Resolution passed. 

Ordered, That the Clerk inform the Senate thereof. 



238 

House bill No. 63. A bill relating to corporations for mechanical, 
manufacturing, mining and quarrying purposes. 

The amendment recommended by the committee, was read, and, 

On motion, 
Was adopted. 

The bill, as amended, was then read a third time. 

The question being, shall the bill pass ? 

Pending which, 

On motion by Mr. Grroves, 

The House adjourned. 



V/EDNESDAY MORNING, 9 o'clock, 
February 1, 1865. 

The House met. 

The Clerk proceeded to read the Journal, when, 

On motion by Mr. Miller of Tippecanoe, 
The further reading of the Journal was dispensed with. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Henricks, from the Committee on Claims, made the followino- 
report : ^ 

Mr. Speaker : 

The Committee, to whom was referred the account of the State Li- 
brarian for the sum of ^2189.42, for furnishing and repairs to the 
State House, have had the same under consideration, and recommend 
the same to be placed in the specific appropriation bill for payment. 

Which, 

On motion. 

Was laid on the table. 



. 239 

Mr. Groves, from the Committee on Claims, made ttie foUowino' 
report : 

Mr. Speaker: 

The Committee on Claims, to whom T\-as referred the claim of K. L. 
and A. W. McOuatt, for the sum of §187.75, and interest to the 
amount of ^:i3.20, have had the same under consideration, and re- 
commend that the same be allowed, and placed in the specific appro- 
priation bill. 

Which, 

On motion by Mr. Brown, ' 

Was referred to the Committee on Ways and Means. 

The Speaker laid before the House the following communication 
from the Governor : 

To the Senate and House of Representatives of the Legislature of In- 
diana. 

It is my duty to call your attention to the necessity of providin^^- 
secure offices for the deposit and preservation of the papers and pub- 
lic records of the State. The offices of the Secretary, Treasurer, and 
Auditor of State, are kept in the lower story of McOuatt's buildinfr, 
on Kentucky Avenue. This building is four stories high ; the three 
upper stories being occupied by lodgers, each one of whom, it is fair 
to presume, keeps a fire. The danger arising from fire, in a buildino- 
thus occupied, is much greater even than in a large hotel, over which 
there is a supervisory care. The building is not fire proof, and is of 
course exposed to danger by the burning of other houses, by which 
it is closely surrounded. The records in the office of the Auditor and 
Secretary of State are invaluable. If destroyed, more than one half 
of them could not be replaced, and the rest could only be restored 
after great labor and expense. It is, therefore, a matter of great im- 
portance that speedy steps be taken to procure a safe and suitable 
building, in which the State offices may be kept, and respectfully 
invite your attention to the subject. 

0. P. MORTON, 

Governor of Indiana. 

Which, 

On motion by Mr. Brown, 
Was referred to the Committee on Ways and Means. 

The Speaker laid before the House the following communication 
from the Governor. 



240 

To the House of Ii.epreseniativcs of the State of Indiana : 

The folloAving communication has been placed in my hands, "with 
the request that I should lay the same before the General Assembly, 
which I do with pleasure. 

Indianapolis, January 23, 1865. 

To His Excellency, Gov. 0. P. Morton : 

The undersigned, a committee appointed by a large and respectable 
meeting of the citizens of Wayne county and Eastern Indiana, held 
at Star Hall, in the city of Richmond, on Saturday, the 21st January, 
1865, for the purpose of considering the interest of the Agricultural 
and Industrial College enterprize, authorized by act of Congress, beg 
leave to present to you, and through you to the Legislature, now in 
session, the action of that meeting in the premises. 

At that meeting, the following resolutions were unanimously adopt- ^ 
ed: 

Resolved, That Wayne county can, and will raise one hundred 
thousand dollars, (and more, if necessary,) to induce the Legislature 
to locate the Agricultural and Industrial College near Richmond, 
Wayne county. 

On motion, H. B. Payne, Joseph C. Ratliff, Lewis Burk, Rowland 
F. Reed, Renjamin Stratton, S. R. Iliggins and J. W. Grubbs, were 
appointed a committee to visit Indianapolis, and through you, to lay 
before the Legislature the above proposition, and make known the 
desire of our people in the premises. 

On behalf of our citizens, therefore, we respectfully request, that 
you will lay the proposition before the Legislature, and say to them 
that before locating the Institution, the claims of Wayne county may 
be considered, in reference to her agricultural, horticultural and me- 
chanical position, compared with any County in the State, as w^ell as 
the liberalties, industry, and enterprise of her people. 

H. B. PAYNE, 
Chairman of Committee. 

Richmond is a beautiful and flourishing city, distinguished for its 
healthfulness, and situated in a fertile and highly cultivated county. 
The offer made, must be admitted to be generous, and is entitled to 
your consideration among others that have or may hereafter be made, 
and the character of the gentlemen from whom it came, is a suflScient 
assurance that it will be made good, if accepted. 

0. P. MORTON, 
Governor of Indiana. 

Which, 

On motion by Mr. Brown, 

Was referred to the Committee on Education. 



241 

Mr. Meredith, from the Committee on Benevolent and Scientific 
Institutions, made the following report : 

Mr. Speaker : 

The Committee on Benevolent and Scientific Institutions have had 
under consideration the difi"erent subjects involved in its scope of 
duty, and have directed me to report thereon as follows : 

The management and condition of the Hospital for the Insane 
during the past two years has been the subject of careful examination. 
There are, at this time, about three hundred patients therein, which 
number is all that can possibly be accommodated without an enlarge- 
ment of the Hospital buildings. The Superintendent, Dr. Wood- 
burn, has evinced good judgment, and exercised great care and 
industry in the discharge of the duties of his position. The difi'er- 
ent wards, rooms and bedding of the Hospital are cleanly, and the 
patients are well fed, well clothed, and as comfortable as is consistent 
with their unfortunate condition of mind and body. With the means 
which have been at the disposal of the Superintendent during the 
past two years, the Committee are of the opinion that the Hospital 
management has reflected great credit upon him, as well as upon the 
Board of Commissioners, while the interest of the State has been 
subserved, and the unfortunate victims of insanity carefully and lib- 
erally cared for. 

The grounds have been much improved, and the farm well culti- 
vated and made to yield a nett profit of more than six thousand dol- 
lars per annum. 

To defray the current expenses of the Hospital during the years 
1865 and 1866, it is recommended that there be appropriated the 
sum of $120,000. Considering the expenditures which must neces- 
sarily be made, and the high prices which have to be paid for every 
article of merchandise purchased for the use of the Hospital, this 
sum is believed to be not more than adequate to meet the legitimate 
expenses of the coming two years. And it is further recommended 
that for repairing and repainting the woodwork on the main build- 
ing, and for procuring engine hose to guard against heavy loss by 
fire, that the sum of $4,000 be appropriated. The old building, 
between the engine house and the main Hospital building, should be 
removed, and a new and substantial one erected in its stead. It is 
at this time held up by props to some extent, and is totally unsafe 
for occupation for the purposes for which it was intended. The walls 
are cracked and giving way, and unless removed soon, will fall down. 
To remove this building, and erect a new one in its stead, will 
require the sum of $20,000, which the Committee recommend be 
appropriated for that purpose. 

To relay floors in wards and replaster ceiling, the sum of $1,500 
will be required and $2,000 more should be appropriated for the pur- 
chase of iron bedsteads, &c., to be used in the place of wooden ones 
now in use, and which the Committee recommend be removed from 
the building. 

H. J.--16 



242 



|! 



The erection of the north wing of the Hospital building is a mat- 
ter of much interest to the people of the State, and the subject has 
received the careful consideration of the Committee. That more 
room is required admits of no kind of doubt. The present accom- 
modations of the Hospital are totally inadequate to meet the demands 
and necessities of the State, in this respect. The Superintendent of 
the Hospital in order to learn correctly the number of the insane in 
the State, issued, in July last, a circular to all the County Sheriffs, 
requesting them to inform him of the number of the insane confined 
in the jails of their respective counties, the number confined in 
county poor houses, the number provided for by the relatives and 
confined at home, the number running at large, and the number sent 
from the State to other Institutions. 

The Superintendent reports that about half the counties were heard 
from and assuming that those not heard from are proportionately 
in the same condition as those "which did report, the number of insane 
is approximately ascertained as follows : 

The number confined in county jails 22 ; the number confined in 
county poor houses 300 ; the number provided for by relatives and 
confined at home 288 ; the number running at large 112 ; the num- 
ber sent from the State to other institutions 12 ; to w^hich add the num- 
ber in the Hospital for the Insane here (295) and the aggregate 
number is 1029. The north wing, which it w^as intended to erect in 
the beginning according to the original plan of the Hospital, will in 
its completion, accommodate about one hundred patients. Even this 
additional room will only afford inadequate accommodation for press- 
ing applications for recent cases. In view of the fact that so many 
of these unfortunate victims of insanity are confined in jails, poor 
houses or hovels, in the different parts of the State, many of them 
living: in their own filth and excluded from that attention which 
humanity demands they should receive from the State, the Committee 
recommend the favorable consideration of the appropriation for con- 
structing this additional building. In the judgment of the Committee 
the erection of this work is absolutely required to meet the necessi- 
ties of the State in this respect. It is recommended that $90,000 
be appropriated for this purpose. It is further recommended that 
'the Committee of Ways and Means be instructed to inquire into the 
expediency of assessing a special tax annually of fifteen cents on 
one thousand dollars of taxable property in the State for five years 
to come, the proceeds of which taxation to constitute a fund at the 
end of that time for the construction of such Hospital buildings as 
will accommodate the whole number of insane persons within the 
limits of the State and report by bill or otherwise. 

This revenue would amount to about one hundred thousand dol- 
lars per annum, and would, at the expiration of the time stated, con- 
stitute an ample fund for the purposes suggested. 

Certainly, the most avaricious tax-payer would scarcely object to 
:S0 trifling an tax for so philanthropic a purpose. 



243 

DEAF AND DUMB INSTITUTE. 

The Committee reports this institution in excellent condition and 
commend its Superintendent for his great eare over the pupils under 
his charge, and his economical and skillful management of all its 
departments. His success and that of those associated with him as 
teachers of the deaf and dumb has been of the highest character. 

The work-shops are carried on as usual, and all considered to be 
essentially necessary in the education of the male pupils, in fixing 
habits of industry and preparing them for the active duties of life 
after leaving school. In a pecuniary point of view, the shops have 
been as successful as in any former year. The building used for the 
cabinet shop was not originally intended for that business, nor is it 
adapted for the purpose for which it is used. The floor below is 
open, there is no ceiling overhead, and the roof, from a defect in the 
framing, is giving way, so that the building is in danger of falling 
down. The building should be remodelled, and an additional story 
added, to furnish proper facilities for carrying on the business. The 
unsafe condition of the building, as well as the want of additional 
room, requires that this improvement should be made at the earliest 
practicable moment. The appropriation of six thousand dollars is 
recommended for this purpose. To defray the current expenses of 
the years 1865 and 1866, it will require an appropriation of $75,000, 
which it is recommended be made for that purpose. 

The farm of the Institute consists of about 160 acres of land, the 
greater part of which is of no value to it, and yields but little 
income. It is recommended that the Trustees be empowered to 
make sale of all this farm, with the exception of forty acres, includ- 
ing the grounds on which the Institute stands, and that they further 
be empowered to sell such lands in lots which will bring the largest ^ 
amount of money on sale, and that the proceeds of the sale be paid 
into the State treasury, to be used as the funds of the State. 

INSTITUTE FOR THE EDUCATION OF THE BLIND, 

The Superintendent of this Institute devotes much labor to its man- 
agement and control, and all its departments are in excellent condition. 
There are about one hundred pupils in the Institute, who are well 
trained and cared for, and whose every interest is jealously guarded. 
The Committee take great pleasure in commending the Superintend- 
ent for his assiduous labors in discharging the duties of his official 
position. 

To defray the current expenses of the years 1865 and 1866, it is 
recommended that an appropriation be made of $55,000; also, 
$20,000 should be appropriated for procuring a heating apparatus ; 
for painting a^nd repairing the building and constructing fense, 
$2,000 ; for purchase of organ and pianos and school apparatus, 
-$2,000 ; also, for replenishing mattresses and bedding, $2,000. 

It is recommended, also, that $4,000 be be allowed for clothing for 



244 

eacli person in all cases where clothing has to be furnished to pupils 
of the Blind and Deaf and Dumb Institutes, and to inmates of the 
Insane Hospital, and that such sum be collected from the county 
from which said pupil or inmate came, in the manner prescribed by 
law. 

HOUSE OF REFUGE OR CORRECTION. 

The following resolution passed the House i 

Besolvei, That the Committee on Benevolent and Scientific 
Institutions be instructed to inquire into the expediency of estab- 
lishing by law a house (or institution) for the correction of juve- 
nile offenders, and report by bill or otherwise. 

The Committee have considered the subject matter of the resolu- 
tion and recommend the establishment for the correction of juvenile 
offenders to the favorable consideration of both brssnches of the Leg- 
islature. 

SAL^ARIES OF SUPERINTENDENTS, 

The Committee recommend that the saleries of the Superinten- 
dent be allowed as follows ; and that they be drawn from the funds 
appropriated to meet the current expenses of the Institutions and 
Hospitals for the insane. 

Superintendent of Hospital for the Insane .- |2,000 00 

Superintendent of Deaf and Dumb Institute....^ 1,500 00 

Superintendent of Blind Institute. 1,500 00- 

Which, 

On motion by Mr. Meredith, 
Was laid on the table, and five hundred copies ordered to be printed, 

Mr. Gregory, of Warren, from the Committee on the Statutes of 
Gavin & Hord, made the following report : 

Mr. Speaker : 

The Select Committee to whom was referred the resolution of Mr. 
Gregory, of Warren, to inquire into the probable cos of procuring 
the Copyright of the last edition of Gavin & Herd's Statutes, and the 
publication of a sufficient number thereof, by authority of law, to 
supply the wants of the State ; and also the probable cost of a new 
revision of the Statutes of the State, and the publication thereof, beg 
leave to report that they have consulted with Messrs. Gavin & Hord; 
that they have instructed your Committee to report to this House that 
they will sell to the State "their copyright of their stereotype, and the 



245 

plates of their last edition of Gavin & Ilord's Statutes of the State, 
for the sum of seven thousand five hundred dollars, which includes 
the supplement, embracing all the laws except those to be passed at 
the present session. Your Committee further report that Messrs. 
Gavin & Hord feel that, in this arrangement, they ought to be allowed 
the additional sum of one thousand dollars for the work by them per- 
formed in the revision of the Statutes. 

Your Committee would further state that they are informed by 
Mr. Hord, that the stereotype of their Statutes would cost to-day the 
sum for which they would furnish the same. Your Committee would 
further report that, in their opinion, the Statutes of the State should 
be revised, or the Legislature should accept the proposition of Messrs. 
Gavin & Hord, and then by enactment of law adopt the addition of 
Gavin & Hord's Statutes in place of said revision. 

Your Committee are of the opinion that a large amount of money 
would be saved to the State by accepting the proposition of Messrs. 
Gavin & Hord, for by that means all the expenses of a revision Com- 
mittee, and other expenses attending the same, would be saved to the 
State. That the printing of said Statutes would cost less to the 
State by adopting the plan suggested, than an entire new revision of 
the Statutes. 

Your Committee can not accurately state the number of Statutes 
which would be required to supply the wants of the State for all pur- 
poses, but as many would be required under one system as the other. 
Your Committee respectfully submit to the House, for its action, such 
-course as they may deem to the best interest of the State. 

All of which is respectfully submitted. 

Mr. Gregory, of Warren, moved to lay the report on the table. 
Which was not agreed to. 

Mr. Brown moved to refer to the Committee on the Judiciary. 
Which was agreed to. 

The Judiciary Committee asked and obtained leave to sit during 
the morning session. 

Mr. Humphreys, from the Joint Special Committee, to whom was 
referred the -accounts of the Governor, made the following minority 
report : 

Mr. Speaker-: 

The undersigned, members of the House, and members of a Joint 
Committee appointed by the Senate and House of Representatives, 
to investigate the receipts and expenditures of the Governor, respect- 
fully ask leave to submit the following minority report : 

Owing to the phraseology of the resolution under which this Com- 
mittee was appointed, we were only empowered to investigate the 



246 

books, voucliers, &c., in the Bureau of Finance, and to report as to 
the correctness of the same. We therefore admit that, from an 
inspection of said books and vouchers, it appears that the same have 
been correctly kept ; yet we have no evidence of the fact, except said 
books and vouchers themselves. But "while we concur in the majority 
report, so far as the books and vouchers are concerned, yet we wish 
it to be distinctly understood that we emphatically dissent from the 
recommendation contained in said majority report. We are deoidedly 
opposed to the assumption by the State of the two hundred and fifty 
thousand dollars received by the Governor from the General Govern- 
ment. We are opposed to the refunding of the one hundred and 
thirty-five thousand dollars, borrowed by the Governor from coun- 
ties, corporations, &c., with interest thereon, from the date of repay- 
ment, for the reason that at the date of the receipt of said money the 
State had ample means in her treasury to defray the expenses of the 
State Government, and all other legitimate expenses ; that it was the 
duty of the Executive, when the last Legislature adjourned without 
having made the necessary appropriations, to convene that body in 
extra session, that the necessary funds might have been provided to 
enable the Governor to administer the financial afi*airs of the State 
according to law; whereas, we contend, that the acts of the Executive 
herein are not only without the sanction of law, but are, in our esti- 
mation, a direct and dangerous usurpation of power, unwarranted by 
the Constitution or any law of the State. We are further opposed 
to the recommendation that the Governor hand over to the Auditor 
of State all books, vouchers and claims in said Finance Bureau, and 
that the same be recognized as the act of the State. And we recom- 
mend that the Legislature refuse to concur in any further recommenda- 
tion contained in said majority report, for the reason that in the acts 
of the Governor herein we recognize the adoption of a dangerous and 
unwarranted precedent, which, if followed by future Executives, may 
result in the overthrow of the Legislature and the Judiciary, and 
which may place the liberties of the people, and the entire control of 
the State Government in the hands of tyrants and usurpers. Where- 
fore, we ask that the majority report herein be kid on the table, and 
this minority report be adopted in lieu thereof. 

JOHN M. HUMPHREYS, 
SAMUEL A. SHOAFF. 
On moti-on, 
The report was laid on the table under the order of yesterday.. 

Mr. Henricks offered the following resolution : 

Resolved^ That all motions and resolutions in relation to the present 
condition of the country, and all motions and resolutions proposing 
remedies therefor, or relating to National afi*airs, be referred to the 
Committee on Federal BelationSj^ without debate until otherwise 
ordered. 

Which was adopted^ 



247 

Mr. Rhoads, from the Joint Committee on Enrolled Bills, made the 
following report : 

Mr. Speaker : 

The Joint Committee on Enrolled Bills now report, that on the 31st 
day of January, 1865, they presented to his Excellency, 0. P. Morton, 
Governor of the State, enrolled House Joint Resolution No. 7, 
the same being " A Joint Resolution instructing our Senators, 
and requesting our Representatives in Congress, to endeavor to obtain 
an appropriation for the improvement of the Harbor at Michigan 
city.'' 

Which, 

On motion. 

Was concurred in. 

Mr. Shuey oflfered the following resolution : 

Resolved, That the use of this Hall is hereby tendered to the 
Friends of Temperance in this city, for a Temperance meeting on 
Friday evening next. 

Which was adopted. 

Mr. Trusler introduced 

House bill No. 94 — and abstract. A bill for the organization and 
regulation of the Militia of the State of Indiana ; dividing the same 
into active Militia and Militia of Reserve, and prescribing penalties 
for violation of said regulations, and providing for the election and 
appointment of officers, and defining the duties of military and civil 
officers in relation thereto, and providing for Courts Martial and Mili- 
tary Encampments, and instruction in military tactics, and making 
regulations for supporting said Militia, and repealing all laws hereto- 
fore enacted on the subject, saving certain acts therein named, and 
declaring an emergency for the immediate taking efi*ect hereof. 

Mr. Buskirk moved that it be deemed expedient to suspend tha 
Constitutional Rule, requiring the reading of bills on three severel 
days, and that House bill No. 94, be read a first time by its title. 

Those who voted in the affirmative were, 

Messrs. Banta, Beckett, Bonner, Boyd, Branham, Burnes, Burton, 
Burwell, Buskirk, Chambers, Church, Cook, Cox, Croan, Crook, Em- 
erson, Ferris, Foulke, Goodman, Gregg, Gregory of Montgomery, 
Gregory of Warren, Griffith, Groves, Henricks, Hershey, Higgins, 
Hogate, Hoover, Humphreys, Hunt, James, Kilgore, Lasselle, Lemon, 



248 

Lockhart, Lopp, Major, Meredith, Miller of Clinton, Miller of Tippe- 
canoe, Milroy, Montgomery, McVey, ©lleman, Osborn, Perigo, Puett, 
K-eece, Rhoads, Richardson, Riford, Roach, Sabin, Shoaff of Allen, 
Shoaff of Jay, Shuey, Sim, Steward, Stivers, Stringer, Stuckey, Sul- 
livan of Scott, Trusler, Upson, Yeach, White, Willis, Woodruff, Woods, 
Wright, Zeigler and Mr. Speaker — 73. 

Those who voted in the negative were, 

Messrs. Abbett, Bird, Brown, Collins, Colover, Glazebrook, Har- 
grove, Richards and Thatcher — 9. 1 

So it was deemed expedient to suspend the Rule, and House bill 
No. 94, was read a first time by the title. 

Mr. Trusler moved to lay the bill and abstract on the table, and j 
print 300 copies of each. \ 

Which was agreed to. 

Mr. Griffith offered the following resolution : 

Be it resolved by (he House of Representatives^ (the Senate concurring,) \ 
that the use of the Chapel, attached to the Asylum for the Blind, be 
granted to the congregation of Grace Church, of the denomination of 
Christians known as the Protestant Episcopal, for the space of three 
months ; allowing them to assemble for the purpose of Christian wor- 
ship once upon each Sabbath within said period : Provided said per- 
mission comports with the convenience of the Superintendent and in- 
mates of said Institution. 

Mr. Brown moved to refer the resolution to the Committee on Be- 
nevolent and Scientific Institutions. 

■ Which was agreed to. 

Mr. Shoaff of Allen, offered the following resolution : 

Resolved, That the Committee on Education be instructed to inquire 
into the expediency of so amending the present School law, as to \ 
authorize the German language to be exclusively taught in certain 
schools in the several townships, towns, and cities of this State, where 
a sufiicient number of the inhabitants of any township, town or city, 
entitled to the benefits of the present school law, may desire it. 

Mr. Griffith moved to refer the resolution to the Committee on 
Education. 

Which was agreed to. 



249 

INTRODUCTION OF BILLS ON FIRST JIEABING. 

Mr. Branham introduced House bill No. 95. A bill to enable Rail- 
roads to make local alterations in their lines in certain cases. 
Which was read a first time, and. 

On motion, 
Referred to the Committee on Railroads. 

Mr. McVey introduced House bill No. 90. A bill to provide for 
the call of a convention of the people of the State of Indiana, to re- 
vise, amend, or alter the Constitution of said State ; to defray the 
expenses of said Convention ; to submit the Constitution, as amended, 
to a vote of the people, and all other things necessary to give force 
to the act. 



Which was read a first time, and. 

On motion. 
Referred to the Committee on the Judiciary. 

Mr. Wright oflfered the following, resolution : 

Whereas, the gentleman from Monroe county, did, on the 26th day 
of January, make an unnecessary exposure of the financial affairs of 
his, and the members of this House, calculated to impair and injure 
the good credit with their landlords and boarding-house keepers, 
and, 

Whereas, the Chairman of the Committee on Ways and Means, in- 
stigated and moved by the Devil — not having the fear of landlords 
and boarding-house keepers before his eyes — withholds the means 
necessary to sustain the good credit of the members of this House, 
therefore, 

Resolved^ That the member from Monroe, and the member from 
Jefferson, deserve the censure of this House. 

Which, 

On motion by Mr. Zeigler, 
Was laid on the table. 



Mr. Burnes introduced 



House bill No. 97. A bill relative to the salaries of Judges of the 
Circuit Court and the Judges of the Courts of Common Pleas, and 
providing the manner of paying the same. 

Which was read a first time, and, 

On motion. 
Was referred to the Committee on Fees and Salaries. 



250 
Mr. Pettit offered the following resolution : 

Resolved^ That the Constitution of the State, without amendment, 
gives ample power for providing by law, for officers and soldiers of 
the State, in the military service of the United States, (except those 
in the regular service of the United States or its allies,) to vote at all 
elections ; and it is hereby made the duty of the Committee on Elec- 
tions to report a bill which shall provide for their voting at such elec- 
tions, and to punish those who shall prevent, hinder or defraud them 
in the exercise of this right. 

Which was laid on the table. 

Mr. Miller, of Tippecanoe, introduced. 

House bill No. 98. A bill for the relief of Thomas Coleman. 

Which was read a first time, and, 

On motion, 
Was referred to the Committee on Claims. 

Mr. Stringer introduced, 

House bill No. 99. A bill to amend the twenty-second, seven- 
teenth and ninety-first sections of an act to provide for the valuation 
and assessment of real and personal property and the collection of 
taxes in the State of Indiana for the election of Township Assessors 
and prescribing the duties of Assessors, Appraisers of real property, 
County Treasurers, Auditors and of the Treasurer and Auditor of 
the State, approved June 21st, 1852, and declaring an emergency 
for the immediate taking effect of this act. 

Which was read a first time. 

Mr. Milroy moved to refer the bill to the Committee on Rights and 
Privileges of the Inhabitants of the State. 
Which was not a<;reed to. 

.j 

Mr. Buskirk moved that it be referred to the Committee on Ways 
and Means. 

Which was agreed to. 

Mr. Zeigler offered the following preamble and resolution : 

Whereas, Our Lunatic Asylum is so crowded that many who are 
entitled to a place within its walls cannot be admitted for the want 
of room, therefore, 

Resolved, That the Committee on Benevolent and Scientific Insti- 



251 

tutions, be requested to take the matter into consideration and rec- 
ommend some plan by Tvliich such persons may be provided for. 
Which was referred to the Committee on Benevolent Institutions. 

Message from the Senate, by Mr. Whittlesey, their Secretary. 

Me. Speaker : 

I am directed by the Senate to return to the House of Represen- 
tatives, 

Enrolled Act of the House No. 46. An act to fix the times of 
holding the Circuit Courts in the Eleventh Judicial Circuit and to 
regulate the return of process in said Circuit. 

Which has been signed by the President of the Senate. 

Mr. Emerson introduced, 

House bill No. 100. A bill to amend section 397 of an act enti- 
tled '' an act to revise, simplify and abridge the rules, practice, plead- 
ings and forms in civil cases in the Courts of this State ; to abolish 
distinct forms of action at law and to provide for^the administration of 
justice in a uniform mode of pleading and practice, without distinc- 
tion between law and equity," approved June 18th, 1852.. 

Which was read a first time, and, 

On motion by Mr. Emerson, 
Was referred to the Committee on the Judiciary. 

Mr. Miller of Clinton, introduced, 

House bill No. 101. A bill to entitle County Recorders to their 
fees in advance and allowing them compensation for keeping up gen- 
eral indexes and entry book, and repealing all laws inconsistent 
therewith. 

Which was read a first time, and. 

On motion by Mr. Miller, 
Was referred to the Committee on Fees and Salaries. 

Mr. Griffith introduced, 

House bill No. 102. A bill amendatory of the fifth, thirty-fifth 
and forty-second sections, and supplemental to an act, entitled " an 
act regulating general elections, and prescribing the duties of officers 
in relation thereto, approved June 7th, 1852," so as to allow citizen 
soldiers of the State of Indiana, in the service of the United States- 



# 



Crovernment, the privilege of voting at all general elections and pre- 
>scribing the manner of so doing. 

Which was read a first time, and, 
On motion, 

Was referred to the Committee on the Judiciary, 

Mr. Bonner introduced 

House bill No. 103. A bill to am-end an act entitled, "an act to 
provide for the valuation and appraisement of the real and personal 
property, and the collection of taxes in the State of Indiana ; for the 
■election of Township Assessors, and prescribing th^ duties of Assessors, 
Appraisers of real property. County Treasurers and Auditors, and of 
the Treasurer and Auditor of State," approved June 21, 1852. 

Which was read a first time, and, 

On motion by Mr. Buskirk, i 

Was referred to the Committee on Ways and Means. 

Mr. Kilgore offered the following resolution : 

Resolved, That th« State Printer he ordered to print, for the use of 
the Governor and the members of the House of Representatives, 
eight thousand copies each, of such of the accompanying documents 
to the Governor's Message as have not heretofore been printed; and 
that the State Librarian be directed, to forward to each member of 
the House, an equal portion of the same as fast as they may be 
delivered to him. 

Mr. Milroy moved, that when printed they be put in envelopes and 
stamped, for the use of the members. 
Which vras not agreed to. 

The resolution was then adopted, 

Mr. Gregory of Montgomery, introduced 

House bill No. 104, A bill to distribute the interest of the Agri- 
cultural Land grant. 

Which was read a first time, and, 

On motion, 
Referred to the Committee on Education. 

Mr. Lasselle introduced 

House bill No. 105. A bill to amend section forty-six of aa 
act entitled, an act to provide for a general system of Common Schools, 
the officers and their respective powers and duties, and matters pro- 
perly connected therewith, and for the establishment and regulation 



25S 

of Towhship Libraries, and to repeal ail laws inconsistent therewith^ 
approved March 11th, 1861. 

Which was read a first time, and. 
On motion by Mr. Rhoads, 

Was referred to the Committee- on Education. 

Mr. Cook introduced 

House bill No. 106. A bill to authorize the construction of ware^ 
houses for the inspection, storage and sale of tobacco. 
Which was read a first time, and, 

On motion. 
Was referred to the Committee on Manufactures and Commerce. 

Mr. Church introduced 

House bill No. 107. A bill to authorize Railroad Companies to» 
alter and determine the number of their Directors ^ to authorize Boards 
of Directors to fill vacancies occurring in their Boards ; to provide 
for the meeting of the Stockholders, Officers, and Directors of con- 
solidated Companies in and without the State; to authorize con- 
solidated Railroad Companies to consolidate again ; to increase the 
capital stock of consolidated Railroad Companies ; to authorize them* 
to borrow money and to secure the payment thereof; and to explain 
and declare the powers of consolidated Railroad Companies formed 
by the consolidation of two or more Railroad Companies under the 
laws of this State. 

Which was read a first time, and^ 

On motion by Mr. Church, 
Was referred to the Committee on Railroads, 

Message from the Senate ^ by Mr. Whittlesey, their Secretary, 

Mr. Speaker : 

I am directed by the Senate to inform the House of Representa- 
tives, that the Senate has passed the following engrossed bill thereof: 

Engrossed Senate bill No. 115. An act to amend section 11, of 
„an act concerning County Prisons," approved May 27th, 1852 ; 

In which the concurrence of the House is respectfully requested. 

Mr. Puett introduced 

House bill No. 108. A bill to- amend thirty- fifth section of the act 
entitled, " an act to repeal all genieral laws now in force for the in- 
corporation of cities, and to provide for the incorporation of cities ; 



254 

prescribe their powers and rights, and the manner in which they shall 
exercise the same, and to regulate such other matters as properly 
pertain thereto," approved March 9, 1857. 

Which was read a first time, and. 
On motion. 

Was referred to the Committee on Corporations. 

Mr. Sullivan, of Scott, introduced 

House bill No. 109. A bill to amend the 23d section of an act 
entitled, an act to provide for the valuation and assessment of the 
real and personal property, and the collection of taxes in the State 
of Indiana; for the election of Township Assessors, and prescribe 
the duties of Assessors, Appraisers of real property, County Treasu- 
rers and Auditors, and of the Treasurer and Auditor of State, ap- 
proved June 21st, 1852. 

Which was read a first time, and. 
On motion. 

Referred to the Committee on County and Township Business. 

Message from the Grovernor, by Mr. Sulgrove, his Private Secre- 
tary. 

State of Indiana, Executive Department, 1 
Indianapolis, February 1, 1865. j 

To the Speaker of the House of Representatives .' 

Sir: I am directed by the Governor to inform the House that he 
has this day approved enrolled bill of the House No. 46, entitled, 
"An Act to fix the times of holding the Circuit Court in the Elev- 
enth Judicial Circuit, and to regulate the return of process in said 
Circuit, and declaring an emergency," and that the same has been 
filed in the oflfice of the Secretary of State. 

Message from the Senate by Mr. Whittlesey, their Secretary. 

Mr. Speaker : 

I am directed by the Senate to inform the House of Representa- 
tives that the Senate has adopted the following concurrent resolution, 
to-wit : 

Whereas ; The laws now in force in the State of Indiana, on the 
subject of Insurance Companies, need such general revision as will 
protect the people of the State against fraud, and irresponsible 
organizations ; therefore, 

Be it Resolved by the Senate {the House concurring therein) ^ That a 
Committee of three on behalf of the Senate, to act in conjunction 



255 

with a like Committee on behalf of tha House, to whom all bills now 
introduced, or that may hereafter be introduced, be referred, and 
that said Committee is hereby instructed to examine the laws now in 
force relative to Insurance Companies. 

In which the concurrence of the House is respectfully requested. 

Message from the Senate, by Mr. Whittlesey, their Secretary. 

Mr. Speaker: 

I am directed by the Senate to inform the House of Representa- 
tives that the Senate has concurred in the amendment of the House 
to engrossed Senate bill No. 6, entitled, " A Bill to amend an act, 
entitled, an act to amend section 7 of an act entitled an act to fix 
the times for holding the Common Pleas Court in the several counties 
of this State, the duration of the terms thereof, and making all pro- 
cess from the present Common Pleas Court returnable to such 
terms, and declaring when this act shall take effect, and repealing all 
all laws inconsistent therewith, approved March 5th, 1869, so as to 
change the times of holding said Court in Jackson and Bartholomew 
counties, and declaring when this act shall take effect, approved 
March 9th, 1861, so as to change the time of holding said Court in 
Jennings and Bartholomew counties, extending the times for holding 
said Court therein, requiring all persons to take notice thereof, pro- 
viding for the return of process, and declaring when this act shall 
take effect." 

Mr. Newcomb, by unanimous consent, made the following report 
from the Committee on the Judiciary, to whom was referred House 
bill No. 14: 

Mr. Speaker: ; 

The Committee on the Judiciary, to whom was referred House bill 
No. 14, entitled, " An Act for the relief of families of soldiers and 
marines in the State and United States Service, and of those who 
have died or been disabled in such service, and prescribing the duties 
of certain officers therein named," have had the same under consid- 
eration, and direct me to make the follovring report : 

1. Amend line 2, Sec. 1 by adding after the word " relief," the 
words, " and support," and after the word " soldiers," in the same 
line, the word, " seamen." 

2. Amend line 4, Sec. 1, by inserting after the word " disabled," 
the words "in the line of duty." 

3. Amend line 5, by inserting the words *'each of" before the first 
word of said line. 



256 

i. Amend line 6 by striking out ''five" and inserting "four" in 
its place, so as to make the tax four instead of five mills. 

5. Amend line 6, Sec. 5, by inserting the word '' seamen" after 
the word " soldiers." 

6. Amend Sec. 8, line 2, by inserting the word "soldier" after 
the words "seamen," and striking out the word "and." 

7. And amend line 11, by inserting the word "seamen" after the 
word " soldier." 

Add the following sections : 

The provisions of this act shall not apply to the family of any 
commissioned officer, except in cases where such officer is a prisoner 
in the hands of the enemy, in which case the family of such officer 
shall, during the period of his captivity, receive the same amou-nt of 
the fund herein provided, as the families of other soldiers. 

9. Sec. — The Board of Commissioners of any county, may in their 
discretion, appoint an agent in each township to disburse the money 
herein provided, who shall perform all the duties required of town- 
ship Trustees, under the provisions of this act, and shall give a bond 
in a sum equal to the amount likely to come into his hands during 
the year for which he is appointed, with sureties to the acceptance of 
such Commissioners. 

10. Amend section 7 by adding thereto the following: Pro- 
vided that any insane or invalid child over twelve years of age, of 
any such soldier, seaman or marine, shall be paid the same amount 
as if such child were under the age of twelve years, but such pay- 
ment shall not be made until so ordered by the Board of County 
Commissioners of the proper county on an investigation of each 
application in favor of such child over the age of twelve years. 

11. Further amend section 7 by inserting after the word "aforesaid" 
in line 8 these words: "those who have not otherwise sufficient 
means for their comfortable support" such fact to be determined by 
the disbursing agent, but any applicant dissatisfied with his decision 
may refer the same to the Board of County Commissioners whose 
determination shall be final. 

Further amend the bill by adding the following section: 

12. The payments provided for in this act shall be made directly 
to the beneficiaries hereof, if at the time above the age of eighteen 
years ; if under eighteen years of age, first to the parent, and if 
there be no parent, next to the legally appointed guardian of such 
beneficiaries ; and if there be no parent or guardian legally appointed, 
then to any adult person in whose families such benficiaries shall 



257 

then be living. And the persons so receiving the same, are hereby 
made liable to such other beneficiaries for the faithful application of 
the means so received, to the uses and benefits of said beneficiaries. 

And when so ameoded, or without such amendments, the Commit- 
tee recommend the passage of the bill. 

Mr. Brown moved to suspend the order of business and take up 
House bill No. 14, with amendments. 
Which was agreed to. 

House bill No. 14. A bill for the relief of the families of soldiers 
and marines, in the State and United States service, and of those who 
have died or been disabled in such service, and prescribing the dutiea 
of certain officers therein named. 

The first and second amendments were read, and. 

On motion, 
Concurred in. 

The third amendment was read. 

The question being on the adoption of the same, 

Mr. Stringer moved to amend bv striking out "four" and inserting 
'' two." 
Which was not agreed to. 

The amendment of the Committee was then concurred in. 

The fourth, fifth, sixth, seventh, eighth, ninth and tenth amend- 
ments were concurred in. 

Leave of absence was granted to Messrs. Harrison and Howard 

Mr. Rhoads, from the Joint Committee on Enrolled Bills, made 
the following report : 

Mr. Speaker : 

The Joint Committee on Enrolled Bills now report that, on the 
first day of February, 1865, they presented to his Excellency, 0. P. 
Morton, Governor of the State, " Enrolled act No. 46, House of 
Representatives," for his approval and signature. 

Mr. Lockhart moved that, when the House adjourns, it meet agaiE 
at 2 o'clock P. M. 
Which was agreed to. 
H. J.— 17 



258 
Pending the consideration of the amendments to House bill No. 14,' 

The House, 

On motion, adjourned. 



2 o'clock, P, M. 

The House met. 

The Speaker ordered a call of the House, with the following result : 

Messrs. Abbett, Banta, Beckett, Bonner, Branham, Burwell, Bus- 
kirk, Chambers, Church, Colover, Cox, Croan, Emerson, Ferris, 
Foulke, Goodman, Glazebrook, Gregg, Griffith, Groves, Henricks, 
Hershey, Higgins, Hogate, Hoover, Humphreys, Hunt, James, Las- 
selle. Lemon, Lockhart, Lopp, Major, Miller of Tippecanoe, Milroy, 
Montgomery, McVey, Newcomb, O'Brien, Olleman, Osborn, Patterson, 
Perigo, Reese, Richards, Riford, Roach, Sabin, Shoaff of Allen, 
Shoaff of Jay, Shuey, Sim, Steward, Stivers, Stringer, Stuckey, Sulli- 
van of Scott, Thatcher, Trusler, Upson, Veach, Whiteside, Willis, 
Woodruff, Woods,Wright, Zeigler and Mr. Speaker — 67. 

The pending question, on adjournment, was the consideration of 
the amendments reported by the Committee on the Judiciary to 
House Bill No. 14. 

Amendment No. 11 was read, 

Mr. Chambers moved to amend by striking out " who have not the 
means of a comfortable support," and insert "who have not taxable 
property to an amount exceeding three thousand dollars/ 

Mr, Brown moved to lay the amendment of Mr. Chambers on the 
table. 

io Messrs. Brown and Kilgore demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Banta, Beckett, Bonner, Boyd, Branham, Brown, Burnes] 
Burton, Burwell, Buskirk, Church, Coffroth, Collins, Colover, Cookf 
Cox, Croan, Crook, Ferris, Foulke, Glazebrook, Gregory of Warren, 



259 

Oegory of Montgotaery, Griffith, Groves, Hargrove, Hershey, Hig- 
gins, Hogate, Hoover, Humphreys, Hunt, James, Lemon, Lopp, 
Major, Meredith, Miller of Clinton, Milroy, Montgomery, McVey, 
N-ewcomb, O'Brien, Olleman, Osborn, Patterson, Perigo, Puett, Reese, 
Rhoads, Rice, Richards, Richardson, Riford, Roach, Sabin, Shoaff 
of Allen, Shoaff of Jay, Shuey, Steward, Stivers, Stuckey, Sullivan 
of Scott, Thatcher, Trusler, Upson, Veach, White, Whiteside, Willis, 
W-oodruff, Woods, Wright and Zeigler — 75. 

Those who voted in the negative were, 

•Messrs. Abbott, Bird, Chambers, Emerson, Goodman, Henricks, 
KilgorC; Lockhart, Miller of Tippecanoe, Sim and Stringer — 11. 

So the amendment to the amendment was laid on the table. 

Mr. Chambers moved to lay the amendment, as reported by the 
Committee, on the table. 

Messrs, Chambers and Whiteside demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Bonner, Branham, Burwell, Chambers, Emerson, Goodman, 
Henricks, Hogate, James, Kilgore, Lockhart, Major, Meredith, Miller 
of Tippecanoe, Olleman, Osborn, Reese, Rhoads, Sabin, Sim, Stew- 
ard, Stringer, Stuckey, Trusler, Whiteside, Willis, Woods, and Mr. 
Speaker— 28. 
« 

Those who voted in the negative were, 

Messrs. Abbett, Banta, Beckett, Bird, Boyd, Brown, Burnes, Bur- 
ton, Buskirk, Chureh, Coffroth, Collins, Colover, Cook, Cox, Croan, 
Ferris, Foulke, Glazebrook, Gregory of Montgomery, Gregory of 
Warren, Griffith, Groves, Hargrove, Hershey, Higgins, Hoover, Hum- 
phreys, Hunt, Lemon, Lopp, Miller of Clinton, Milroy, Montgomery, 
McVey, Newcomb, O'Brien, Patterson, Perigo, Puett, Rice, Richards, 
Richardson, Riford, Roach, Shoaff of Allen, Shoaff of Jay, Shuey, 
Stivers, Sullivan of Scott, Thatcher, Upson, Veach, White, Wood- 
ruff, Wright, and Zeigler — 57. 

So the motion to lay on the table did not prevail. 

The question being on adopting the eleventh amendment reported 
l)y the Committee, 

Messrs, Brown and Griffith demanded the ayes and noes. 



2610 

Those who voted in the affirmative were^ 

Messrs. Abbett, Banta, Beckett, Bird, Boyd, Brown, Burnes, Bur^ 
ton, Buskirk, Church, Cojffroth, Collins, Colover, Cook, Croan, Crook,. 
Ferris, Glazebrook, Gregg, Gregory of Montgomery, Gregory of 
Warren, Griffith, Groves, Hargrove, Hershey, Higgins, Hoover, 
Humphreys, Hunt, James, Lemon, Lopp, Meredith, Miller of Clinton, 
Milroy, Montgomery, McVey, Newcomb, O'Brien, Osborn, Patterson, 
Perigo, Puett, Rice, Richards, Richardson, Riford, Roach, Shoaff of 
Allen, Shoaff of Jay, Shuey, Stivers, Stuckey, Sullivan of Scott^ 
Thatcher, Trusler, Upson, Yeach, White, Woodruff, Wright, and 
Zeigler — 62. 

Those who voted in the negative were, 

Messrs. Bonner, Branham, Burwell, Chambers, Cox, Emerson^ 
Goodman, Henricks, Hogate, Kilgore, Loekhart, Major, Miller of Tip- 
pecanoe, Olleman, Reese, Rhoads, Sabin^ Sim, Steward, Stringer,, 
Whiteside, Willis, Woods, and Mr. Speaker — 24. 

So the amendment of the Committee was agreed to.. 

Amendment twelve was read, and, 

On motion. 
Was not agreed to. 

Mr. Branham moved to strike out last word "to," and insert 
" from," in line 7, section 11, in the bill. 
Which was agreed to. 

Mr. Stringer offered the following amendment to the bill: 

Amend section 1st, in sixth line, by striking out the word "four,"' 
and inserting " three." And in the sixth line, by striking out " one- 
dollar " and inserting "fifty cents." 

Mr. Meredith moved the previous question, which was seconded by* 
the House. 

The question being, shall the main question be now put? 
It was so ordered. 

The question being on adopting the amendment offered by Mr. 
Stringer, 

Mr. Wright called for a division of the question. 
Which was ordered. 



261 

The question being on striking out the word " four," and inserting 
**' three," in section 1st, sixth line, 

Messrs. Stringer and Wright demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbott, Beckett, Bird, Brown, Burnes, Burton Buskirk, 
€offroth, Collins, Colover, Crook, Croan, Emerson, Ferris, Goodman, 
Olazebrook, Gregg., Groves, Hargrove, Humphreys, Hunt, James, 
Lemon, Lopp, Major, Miller of Tippecanoe, Milroy, O'Brien, OsborB- 
Patterson, Perigo, Puett, Reese, Rhoads, Rice, Richards, Richardson, 
Riford, Roach, Shoaff of Allen, Shoaff of Jay, Shuey, Stivers, 
Stringer, Stu<5key, Sullivan of Scott, Trusler, Veach, White. Wcod- 
Tuff, Wright and Zeigler — 52. 

Those who voted in the negative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burwell, Chambers, 
Church, Cox, Crook, Foulke, Gregory of Montgomery, Gregory of 
Warren, Griffith, Henricks, Hershey, Hogate Hoover, Lockhart, 
Meredith, McVey, Newcomb, Olleman, Sabin, Sim, Steward, Trusler, 
Upson, Whiteside, Willis, Woods and Mr. Speaker — 31. 

So the amendment was agreed to. 



Q' 



The question then recurring on the adoption of the last clause of 
*he amendment, 

Messrs. Stringer and Wright demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Beckett, Bird, Burnes, Church, Collins, Colover, 
Oook, Emerson, Ferris, Goodman, Glazebrook, Hargrove, Hum- 
phreys, Hunt, Lemon, Lopp, Milroy, O'Brien, Osborn, Patterson, 
Perigo, Puett, Reese, Rhoads, Rice, Richards, Richardson, Riford, 
Roach, Shoaft' of Jay, Stringer, Sullivan of Scott, Thatcher, Veach, 
White, Willis and Zeigler—SS. 

Those who voted in the negative were, 

Messrs. Banta, Bonner, Boyd, Branham, Brown, Burwell, Cham- 
bers, Coffroth,. Cox, Croan, Crook, Foulke, Gregg, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Henricks, Hershey, 
Higgins, Hogate, Hoover, James, Kilgore, Lockhart, Major, Mere- 
dith, Miller of Tippecanoe, Montgomery, McVey, Newcomb, Olle- 
man, Stivers, Shoaff of Allen, Shuey, Sim, Stewart, Stivers, Stu<;key, 



262 

Trusler, Upson, Whiteside, Woodruff, Woods, Wright and Mr. 
Speaker — 45. 

So the amendment was not agreed to. 

Mr. Branham moved that the bill be considered a& engrossed, and 
read a third time now. 
Which was agreed to. 

House bill No. 14, as amended, was then read a third time. 
. The question being, shall the bill pass ? 

Those who voted in the afiBrmative were, 

Messrs. Banta, Bonner, Boyd, Branham, Brown, Burnes, Burwell^ 
Chambers, Church, Cook, Cox, Croan Crook, Emerson, Ferris,. 
Foulke, Gregg, Gregory of Montgomery, Gregory of Warren, Grif- 
fith, Groves, Henricks, Hershey, Higgins, Hogate, Hoover, James, 
Kilgore, Lockhart, Major, Meredith, Miller of Tippecanoe, Mont- 
gomery, McVey, Newcomb, Olleman, Perigo, Reese, Rhoads, Rice,. 
Richardson, Riford, Sabin, Shoaff of Jay, Shuey, Sim, Steward, Stivers,. 
Stringer, Sullivan of Scott, Thatcher, Trusler, Upson, Veach, White,. 
Whiteside, Willis, Woodruff, Woods, Wright Zeigler and Mr. Speaker 
—62. 

Those who voted in the negative were, 

Messrs. Abbett, Beckett, Bird, Burton, Collins, Glazebrook, Har~ 
grove, Humphreys, Hunt, Lemon, Lopp, Milroy, O'Brien, Osborn, 
Patterson, Puett, Roach and Stuckey — 18. 

Messrs. Buskirk and Coffroth not voting on the passage of the bill^^ 

Mr. Newcomb moved that they now be called upon to record their 
votes. 

Mr. Brown moved to amend by requesting them to vote. 
The Speaker put the question. 

Will the House entertain the motion of Mr. Newcomb ? 
It was agreed to. 

Mr. Newcomb then accepted the amendment of Mr. Brown. 

Mr. Brown then moved to lay the entire subject on the table. 
Which was agreed to. 



263 

The question being, shall the title as read stand as the title of the 
bill? 

Mr. Newcomb moved to amend the title by inserting after the 
word soldiers, in the first line, the word ^' seamen," and further, by 
striking out after the word " and," in the third line, the word " of/' 

The title as amended was then adopted as the title of the bill. 
So the bill passed. - 

Ordered, that the Clerk inform the Senate. 

Protest of A, J. Beckett, Dubois Co., Ind., on the passage of 
House bill No. 14 : 

House of Representatives,! 
Indianapolis, Ind. Feb. 2d, 1865. j 

To the passage cf the above bill I was opposed, both in its original 
form and with amendments as it has passed this House, and as the 
general current of the House was in favor of a law of some kind 
upon this subject, and as the previous question was moved before I 
had an opportunity to express my reasons to the House and my 
constituency, for being opposed to the passage of any measure 
upon this subject, and especially this bill, I submit now, my protest 
against the same, with my reasons why I \oted against it. The bill 
proposes to levy a tax of three mills upon the dollar which is equal 
to oO cents on the one hundred dollars, and |1 00 on each poll, to be 
appropriated to the relief of soldiers' families, as in the bill provided. 
It prescribes certain duties to be performed by certain county officers, 
such as the County Auditor, County Commissioners and Township 
Trustees, &c., to carry out the spirit of the act, and in case of the 
Township Trustees neglect, refusal, mal-conduct or disability to do 
the duties that devolve upon him, the County Commissioners shall 
appoint not more than two persons to perform the duties in his stead, 
and in case the Commissioners fail to do their duties, the Governor of 
the State, who is to be the judge, is to appoint one or more suitable 
persons to discharge their duties. The bill does not propose to give 
to all soldiers' families a like sum, according to the number in the 
family. It is not a bill to raise the wages of soldiers in the service of 
their country, but it only provides for those that are unable — those 
that are in want of assistance from some source, to help support their 
families while they are absent in the field, or the families of those 
that have died or have been killed in the service, who are not able to 
sustain themselves. 

It is a charity, a gift to those patriotic men that are in the field, 
as it has been eloquently said, fighting for their country, an assur- 



264 

ance that the family of the soldier is cared for by the patriotic 
Legislature of Indiana. But there is one class of soldiers, however 
poor they may be, are not entitled to one cent of assistance by this 
bill. A poor substitute who has gone into the army for a small sum, 
or who has squandered his means, or through misfortune has lost them, 
and who may bo lying in a hospital, sick or wounded, can know by 
reading the journals of this House, that if his family is in need, this 
law will give him no assistance ; and while his wife's neighbors draws 
$8.00 per month and lives comfortably. Us wife may go to the alms 
house. But it stops not here — if he should die from disease, or be 
shot down upon the battle field while mounting the enemy's works, it 
is all the same, it gives him and his bereaved wife no assistance. 

I say then that the bill is unjust in this particular, and was voted 
for, and supported by many, as I believe, to make a j^atrioHc record 
at the expense of the peoples' pockets, and without regard for the 
wants of those that are in need. 

Another objection : section ten gives the County Commissioners 
power to set in judgment upon the competency of the Township Trus- 
tees of the different townships in the county, and they can upon very 
slight evidence, or upon no evidence, declare them, or any one of 
them, incompetent to discharge a part of their duties prescribed by law. 

The Governor also sits in judgment upon the County Commission- 
ers and declares them unfit persons to perform their duties, and he 
has power, under this act, to turn a man out of office or declare that 
he is unfit to discharge its duties whom the people have elected. 

The bill will operate unjustly and unequally upon the people. The 
law of 1861 gives power to the County Boards to make appropriations 
from time to time for the relief of families of volunteers. Under 
that law, each county in the State could and would render all assis- 
tance necessary for the relief of families of soldiers. I say they do 
do it, and when I say this I speak only for my own county, whose 
vote I cast here, and who I represent. And while that is the case — 
while each county can take care of their own needy, is it right for 
us to take that out of their hands ? Levy a tax, make a general 
State fund, and then divide it out among the counties, not in propor- 
tion to the amount paid in, but in proportion to the number of sol- 
diers' families in each county, without any reference to their being 
needy, to be distributed among the needy of that county. 

Under this bill, if it should become a law, the money raised bythis 
taxation will be taken away from the industrious counties — the more 
rural and agricultural districts — and applied to the maintenance of 
an indolent class of persons — (I do not say they will all be so) — who, 
if they do not now live in and about towns and cities, will, as soon as 
this bill becomes a law\ A class that are not wholly dependent now, 
but who will be as soon as this bill becomes a law, and they know- 
that a living is in store for them without exertion on their part. 
Another objection : It will cause men in the army, who send their 
money home to their families, to be negligent and careless about giv- 



265 

iag their families assistance, knowing that they will be cared for ; 
hence, a great increase on the rolls, to be paid out of this fund. 

Finally, I wish to say that I do not vote against the bill because I 
am not willing to assist the needy, nor because I am not a soldier's 
friend, nor because I do not believe my constituency are friendly to 
the soldiers. The number of volunteers that we have sent into the 
held nobly testifies in favor of my county, and the promptness with 
which our County Commissioners have met the wants of all soldiers' 
families, tell that none shall want among us. We ask no other part 
of the State to help us, and ^we would beg to be excused from help- 
ing those whom we do not know merit it. 

We should be careful how we trifle with the people's money, and 
should not apply it in a way that would beget more charges upon 
them. I am opposed to any legislation upon the subject. It is run- 
nins; us into an agrarian doctrine, to which I am opposed. 

A. J. BECKETT, 
Member from JDuhois County^ Indiana.. 

The Speaker announced the name of Mr. Willis to fill the vacancy 
in the Committee on Railroads, occasioned bv the death of Mr. 
Shaffer. 

Mr. Humphreys moved that when the House adjourn, it stand 
adjourned till 2 o'clock, P. M., to-morrow. 
Which was not agreed to. 

On motion by Mr. Kilgore, 
The House adjourned. 



THURSDAY MORNING, 9 o'clock, ) 
February 2, 1865. / 

The House met pursuant to adjournment. 

The Speaker ordered a call of the House, with the following 
result: 

Those who answered to their names were, 

Messrs. Abbett, Banta, Bonner, Boyd, Branham, Brown, Burnes, 
Burton, Chambers, Church, Collins, Colover, Cook, Cox, Croan, 
Crook, Emerson, Ferris, Foulke, Goodman, Glazebrook, Gregg, 



266 

Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Har- 
grove, Henricks, Hersliey, Hogate, Hoover, Humphreys, Hunt, 
James, Kilgore, Lasselle, Lemon, Lopp, Major, Meredith, Miller of 
Tippecanoe, Milroy, Montgomery, McVey, Newcomb, O'Brien, Olle- 
rean, Osborn, Patterson, Perigo, Puett, Reese, Richards, Richardson, 
Riford, Sabin, Shoaff of Allen, Shuey, Steward, Stivers, Stringer, 
Stuckey, Sullivan of Scott, Thatcher, , Upson, Veach, White, White- 
side, Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 74. 

There being a quorum present, the further call was dispensed with. 

The Clerk proceeded to read the Journal, when, 

On motion by Mr. Boyd, 
The further reading of the Journal was dispensed with. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Meredith, 

A remonstrance from certain citizens of Sullivan county on the 
subject of legalizing the County Commissioners in paying bounties to 
soldiers, &c. 

Which, 

On motion. 

Was referred to the Committee on the Judiciary. 

By Mr. Coffroth, 

A petition urging the propriety and great necessity of the passage 
of an act fixing generally the standard of qualifications of practicing 
physicians and surgeons, and especially the conditions through which 
said qualifications may be known and determined, and providing for 
the enforcing of the same. 

Which, 

On motion by Mr. Cofiroth, 

Was referred to a Select Committee of five. 

By Mr. Coffroth, 

A remonstrance against a petition praying for the protection of 
society against unauthorized and incompetent practitioners of medi- 
cine, that legislation upon that subject is at the present time unwise 
and inexpedient. 

Mr. Coffroth moved to refer said remonstrance to a select com- 
mittee of five. 

Mr. Burnes moved that it be referred to the Committee on the 
Rights and Privileges of the Inhabitants of the State. 
Which was not agreed to. 



267 

''The question recurring on the motion by Mr. Coffroth, it was 
agreed to, 

By Mr. Ne-wcomb, 

A claim of J. B. Osgood. 

Which, 

On motion, 
Was referred to the Committee on Claims. 

By Mr. Newcomb, 

The claim of William 11. Roll and Smith, for papering, carpet, and 
curtains for the office of Superintendent of Public Instruction, per 
bill— $81.88. 

December 15th, 1862. 

With the following certificate : 

I certify the above bill to be correct, and payable from the next 
appropriation for contingent expenses of the department of Public 
Instruction. 

SAMUEL L. RUGG, 
Superintendent of Public Instruction. 
December 15th, 1862. 

Which, 

On motion, 
Was referred to the Committee on Claims. 



REPORTS FROM STANDING COMMITTEES. 

Mr. Trusler, from the Committee on the Judiciary, made the fol- 
lowing report. 

Mr. Speaker : 

The Judiciary Committee, to whom was referred Senate bill No. 
25, to amend section No. 76, of an act entitled, an act defining 
misdemeanors, and prescribing punishment therefor, approved Janu- 
ary 14, 1852, would respectfully report the same back to this House, 
and recommend its passage. 

# On motion, 

The report was laid on the table. 



MS 
Mr. Trusler, from the same Committee, made the following report v 

Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No. 61, 
m relation to requiring Clerks and Auditors to keep double index of 
their Records, respectfully report the same back: to this House, with 
the suggestion that such legislation is unnecessary, inasmuch as they 
are now bound to keep such Records indexed- 

Which, 

On motion, 

Was laid on the table. 

Mr. Trusler, from the same Committee, made the following report: 

Mr. Speaker: 

The Judiciary Committee, to whom was referred Senate bill No. 
14, an act to amend an act entitled, a,n act ia relation to County 
Treasurers, approved June 14th, 1852, respectfully report the same 
back to this House, and recommend its passage, with the following 
amendment : — after the word sureties, in the 14th line of the 1st sec- 
tion of said bill, " and all other officers and sureties whose bonds are 
approved by the County Commissioners/'' 

On motion, 
The report was laid on the table. 

Mr. Coffroth moved to reconsider the vote just taken, by which the 
report of the Commmittee on the Judiciary on House bill No. 61 
was laid on the table. 

Which was agreed to. 

When, 

On motion by Mr. Coffroth, 
The bill was referred to the Committee on the Judiciary. 

Mr. Whiteside, from the Judiciary Committee, made the following 
report: 

Mr. Speaker: 

The Judiciary Committee, to whom was referred House bill No. 65, 
beg leave to submit the following as their report : 

Said Committee return said bill to the House, and ask that thC|^ 
same lie upon the table, inasmuch as no legislation upon the subject 
<of assa.ult is necessary, in view of a recent decision of the Supreme 



216^ ' 

Court of the State rendered in the case of Franklin Woll vs. thur 
State. 4 

Which, 

On motion, 

Wag laid on the table. 

Mr. Trusler, from the Committee on the Judiciary made the 
following report : 

Mr. Speaker: 

The Judiciary Committee, to whom was referred House bill No. 67^ 
authorizing attorneys to hold liens on certain judgments, authorize 
me to report the same back to this House, with the recommendatiorj 
that it be passed. 

Which, 

On motion. 

Was laid on the table. 

Mr. Trusler, from the same Committee, made the following report •: 

Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No. 64^ 
to amend the 406th section of an act entitled, " An Act to simplify 
and abridge the rules and practice of Courts, &c.," respectfully 
report the same back to this House, and recommend its passage. 

Which, 

On motion. 

Was laid on the table. 

Mr. Henricks, from the Committee on Banks, made the following: 
report : 

Mr. Speaker : 

The Committee on Banks, to whom was referred the Report of the 
Bank of the State, and the Reports of the several Branches thereof, 
have had the same under consideration, and have instructed me to 
report the same back to the House, and recommend that the same be 
laid on the table, and that 300 copies be printed. 

Which, 

On motion. 

Was concurred in. 

Mr. Gregory, of Warren, from the Committee on Education, made 
the following report : 

Mr. Speaker; 

The Committee on Education, to whom was referred House bill 



270 

No. 82, offered by Mr. Meredith, of Vigo, concerning the creation of 
corporations for the purpose of maintaining high schools within the 
State, and giving the requisite f owers to such corporations, beg leave 
to report, they have examined said bill, and they are very favorable 
to its passage. They therefore return said bill to the House, and 
recommend its passage. 

On motion, » 

The bill and report were laid on the table. 

Mr. Gregory, from the Committee on Education made the follov;- 
ing report : 

Mr. Speaker: 

The Committee on Education, to whom was referred House bills 
Nos. 38 and 54, asking that section 82 of the School law of 1861 
be so amended that County Auditors might be permitted to extend 
the amount of loans to one thousand dollars, instead of three hund- 
red dollars, have had the same under consideration, and report that 
both bills ask for the same amendment. We therefore would report 
that, in our opinion, it would be to the benefit of the school fund to 
amend section 82, so that County Auditors might have the privilege of 
loaning school funds in any amount not exceeding one thousand dol- 
lars to one person. We therefore recommend the passage of House 
bill No. 38, and that House bill No. 54 receive no further action of 
the House. 

Which, 

On motion, 

Was laid on the table. 

Mr. Henricks, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims to whom was referred the claim of 
Neleon Ferris, for the sum of three hundred and twenty-three dol- 
lars and thirty-eight cents, for expenses incurred by him in return- 
ing fugitives from justice to the State, have had the same under con- 
sideration and recommend that it be allowed and placed in the Specific 
Appropriation Bill for payment. 

Mr. Henricks moved to refer the said claim to the Committee on 
Ways and Means. 

Mr. Branham moved to amend the motion by ordering the same to 
be incorporated in the Specific Appropriation Bill. 
Which was agreed to. 



271 

The report, as amended, was then referred to the Committee on 
Ways and Means. 

Mr. Lockhart, from the Committee on Railroads, made tiie following 
report : 

Mr. Speaker: * 

The Committee on Railroads, to whom was referred House bill No. 
89, have had the same under consideration, and have instructed me 
to report the same back and recommend its passage. 

Which was laid on the table. 

Mr. Lockhart, from the same Committee, made the following 
report: 

The Committee on Railroads, to whom was referred House bill No. 
75, entitled, *'An Act to empower railroads to build branches to 
neighboring coal mines, have had the same under consideration and 
have instructed me to report the same back and recommend its 
passage. 

Which, 

On motion, 

Was laid on the table. 

Mr. Stringer, from the Committee on Roads, made the following 
report : 

Mr. Speaker : 

The Committee on Roads, to whom was referred House bill No. 
15, introduced by Mr. Emerson, entitled, "An Act authorizing 
supervisors to remove fences standing near public highways on 
streams and water courses, and to turn pulic roads and highways, on 
water courses, to the rear of buildings, where such buildings stand 
too near the streams to give room for said roads or highways, and 
assess damages occasioned thereby, have had the same under con- 
sideration, and direct me to report the said bill back to the House 
and recommend its passage, without amendment. 

Which, 

On motion. 

Was laid on the table. 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : 

Mr. Speaker: 

The Committee on the Judiciary, to whom was referred House 
i bill No. 45, entitled, " An Act to legalize the acts of certain oflScers 



272 

in this State, who have entered into the military service and have 
accepted commissions in the armies of the United States, and whose 
duties have been discharged by deputies, during their absence in said 
service," have had the same under consideration and instruct me to 
report the same back to the House and recommend its passage. 

Which, I 

On motion, 

Was laid on the table. . , 

BILLS INTRODUCED. 

By Mr. Osborn, 

House bill No. 110. A bill to amend the 5th section of an act, 
entitled, "An act to regulate and license the sale of spirituous, 
vinous, malt and other intoxicating liquors, k) prohibit the adultera- 
tion of liquors, to repeal all former laws contravening the provisions 
of this act, and prescribing penalties for violation thereof.'' 

Which was read a first time, and, 
On motion, 

Was referred to the Committee on Temperance. 

By Mr. Higgins, 

House bill No. 111. A bill to amend the 42d section of an act, 
entitled, " An act to repeal all general laws now in force, for the 
incorporation of and to provide for the incorporation of cities, pre- 
scribe their powers and rights and the manner in which they shall 
exercise the same, and to regulate such other matters properly per- 
taining thereto," approved March 7, 1857. 

Which was read a first time and, 
On motion by Mr. Higgins, 

Referred to the Committee on County and Township Business. 

By Mr. Yeach, 

House Bill No. 112. A bill for the relief of A. W. Lowderwick, 
and authorize the transfer to him of certain land therein described. 
Which was read a first time, and, 

On motion. 
Was referred to the Committee on Claims. 

By Mr. Shoaff of Allen, 

House bill No. 113. A bill to amend an act entitled, " an act to 
provide for a general system of Common Schools, the oflBcers thereof 
and their respective powers and duties, and matters properly con- 



273 

mected theremtli, and to establish township libraries, and for the regu- 
lation thereof," approved March 5th, 1855. 

Which was read a first time, and, 
On motion, 

Was referred to the Committee on Education,, 

By Mr. Kilgore, 

House bill No. 114. A bill to amend section 1, of an act entitled, an 
act relative to the salaries of public officers, and providing the means 
of paying the same, and reimbursing the State for increase of salaries, 
approved March 6th, 1859. 

Which was read a first time, and, 
On motion by Mr. Branham, 

Referred to the Oommitteo on Fees and Salaries. 

By Mr. Hogate, 

House bill No. 115. A bill a-ccepting the provisions of an act of 
the United States of America, entitled, '^ an act donating lands to the 
several States and Territories which may provide Colleges for the 
benefit of Agriculture -and the Mechanic Arts," and providing for the 
receipt, investm?ent, and management of said donation. 

Which was read a first time, and 

Mr. Hogate moved to refer the bill to the Committee on Agricul- 
ture. 

Which was not agreed to. 

Mr. Buskirk moved to refer the bill to the Committee on Education. 

Which was not agreed to. 

Mr. Puett moved to suspend the order of business, and take up 
Senate bill No. 42, with accompanying message. 

Which was agreed to» 

Mr. Wright moved to suspend the order of business, and take up 
House bill No. 63. 

Which was not agreed to. 

Mr. Rhoads moved to suspend the order of business, and take up 
House bill No. 84, ' 

Which was not agreed to. 
M> J. — 18s 



274 

Mr. Buskirk moved to suspend the order of business, and tske up 
Senate bill No. 1. 

Which was not agreed to 

Mr. Milroy moved that the House do now adjourn. 
Which -was not agreed to. 

SENATE BILLS ON FIRST READING. 

Senate bill No. 25. A bill defining certain misdemeanors, and 
prescribing punishment therefor. 
Which was read a first time, and, 

On motion by Mr. Reese, 
Was referred to the Committee on the Judiciary. 

Senate bill No. 55. A bill to fix the time of holding the Court of 
Common Pleas in the Fifth Judicial District, repealing all other laws 
on the same subject, and declaring when this act shall take efi'ect. 

Which was read a first time, and, 
On motion by Mr. Hoover, 

Was referred to the Committee on the Organization of Courts of 
Justice. 

Senate bill No. 2. A bill regulating the practice in Circuit and 
Common Pleas Courts of this State, on appeals from judgments of 
Justicesr of the Peace. 

Which was read a first time, and, 
On motion by Mr. Brown, 

Was referred to the Committee on the Judiciary. 

Leave of absence was granted to Messrs. Richardson and Hargrove, 
till Tuesday next. 

Senate bill No. 16. A bill to amend section 349, of an act entitled^ 
'^ an act to revise, simplify, and abridge the rules, practice, pleading 
and forms in civil cases in Courts of this State ; to abolish distinct 
forms of action at law, and to provide for the administration of justice 
in a uniform mode of pleading and practice, without distinction be- 
tween law and equity," approved June 18thyl852. 

Which was read a first time, and, 
On motion by Mr. Branham, 

Was referred to the Committee on the Judiciary. 

Senate bill No. 39. A bill to amend an act entitled, an act to- 
amend section 19 of an act to fix the time of holding the Common 
Pleas Courts in the several counties of this State ; the duration of 
the terms thereof, and making all process from the present Common 



275 
Pleas Courts returnable to such terms, &c., approved February 15 

Which was read a first time, and, 
On motion by Mr. Coffroth, 

Was referred to the Committee on the Organization of Courts of 
Justice. 

_ Message from the Senate, by Mr. Whittlesey, their Secretary. 
Mr. Speaker : 

^ I am directed by the Senate to inform the House of Representa- 
tives, that the Senate has passed the follo\Ying Engrossed Bills there- 
of, to -wit: 

Engrossed Senate bill No. 28. An act to amend the 25th section 
of an act defining felonies, and prescribing punishment therefor ap- 
proved June 10, 1862. ' ^ 

Engrossed Senate bill No. 36. An act to legalize the appraise- 
ment and assessment of property in cities of this State ; the makino- 
out and delivering of the tax duplicates in the cities of this State, and 
the assessment of property by the Treasurers of the cities of this 
State, incorporated under the General Laws of this State for the in- 
corporation of cities. 

Engrossed Senate bill No. 44. A bill in relation to joint contracts 
;promises and obligations, and declaring all such contracts, promises 
md obhgations, to be joint and several in their nature, so far as re- 
lates to the remedies to enforce the same. 

; Engrossed Senate bill No. 61. An act to amend section 4, of " an 
ict containing several provisions regarding landlords, tenants,' lessors 
md lessees," approved May 20th, 1852. ' 

Engrossed Senate bill No. 6. A bill to amend the 21st section of 
.n act entitled "an act to authorize a company to construct the 
Aurora and Laughery turnpike," approved February 15th, 1848. 

Engrossed Senate bill No. 63. An act prohibiting Circuit or Com- 
lon Pleas Judges, County Clerks, Auditors, Recorders, Treasurers, 
sheriff's, or any deputy of either of them from practicing law in any 
.curt of this State, and prescribing punishment for the° violation of 
he same. 

I 

I Engrossed Senate bill No. 65. An act to amend section 13 of an 
ct approved May 12th, 1852, entitled an act authorizing the con- 
':ruction of plank, Macadamized and gravel roads. 



276 

Engrossed Senate bill No. 70. An act for the relief of any per- 
son, plaintiff in execution, all officers to whom execution may be 
issued on any judgment, and sureties and co-sureties in certain cases- 
Engrossed Senate bill No. 77. An act to amend section one of 
an act entitled "an act to amend the 33d section of an act entitled 
an act to revise, simplify and abridge the rules, practice, pleadings, 
and forms in civil cases in the Courts of this State, to abolish dis- 
tinct forms of action at law, and to provide for the administration of 
justice in a uniform mode of pleading and practice, without distinc- 
tion between law and equity," approved March 9th, 1861. 

Engrossed Senate bill No. 82. An act to authorize cities to pre- 
pare, execute, negotiate, and sell bonds to provide means to complete 
unfinished school buildings, and to pay debts contracted for the erec- 
tion of school buildings, and to authorize the levy and collection of 
an additional special tax, to provide means for the payment of the 
interest and principal of such bonds. 

Engrossed Senate bill No. 84. An act to amend section 2 of an 
act entitled "an act prescribing the powers and duties of Justices of 
the Peace in State prosecutions," approved May 29th, 1852, so as to 
authorize the service of a warrant throughout the State. 

In which the concurrence of the House is respectfully requested. 

I am also directed to inform the House that the Senate has con- 
curred in and passed the following Joint Resolution of the House, 
without amendment. 

Engrossed Joint Resolution of the House No. 12. A Joint Reso- 
lution on behalf of the Grand Rapids and Indiana Railroad Com* 
pany, asking that an extension of time be granted by the Congress 
of the United States to enable them to complete the construction of 
their road. 

Mr. Milroy moved that the House do now adjourn. 
Which was not agreed to. 



Senate bill No. 12. A bill authorizing creditors, in certain cases, 
to bring action on their claims before they are due, and have attach- 
ment against the property of the debtor; to garnishee property, 
money, credits and effects, and prescribing the manner of proceeding 
therein. 

Which was read a j&rst time, and, 
On motion. 

Was referred to the Committee on the Organization of Courts of 
Justice. 



277 

■ Mr. Milroy moved that the House do now adjourn. 
Which was not agreed to. 

Senate bill No. 42. A bill to amend section 6 of an act entitled, 
" An act to fix the times of holding the Common Pleas Courts in the 
several counties of this State, the duration of the term thereof, and 
making process from the present Common Pleas Courts returnable to 
such terms, and declaring when this act shall take effect, and repeal- 
ing all laws inconsistent therewith," approved March 5, 1859. 

Which was read a first time. 

Mr. Puett, moved that it be deemed expedient to suspend the con- 
stitutional rule requiring the reading of bills on three several days, 
and read the bill by its title a second time now. 

The ayes and noes were taken under the Constitution. 

Those who voted in the affirmative were, 

Messrs. Abbett, Beckett, Bird, Bonner, Boyd, Branham, Brown, 
Burnes, Burton, Burwell, Buskirk, Chambers, Church, Coffroth, Col- 
lins, Colover, Cook, Cox, Croan, Crook, Emerson, Ferris, Foulke, 
Goodman, Glazebrook, Gregg, Gregory of Montgomery, Gregory of 
Warren, Griffith, Groves, Hargrove, Henricks, Hershey, Pliggins, 
Hogate, Hoover, Humphreys, Hunt, James, Johnson, Kilgore, Las- 
selle, Lemon, Lockhart, Major, Meredith, Milroy, Montgomery, New- 
comb, Olleman, Osborn, Perigo, Puett, Beese, Rhoads, Rice, Rich- 
ards, Richardson, Riford, Roach, Sabin, Shoaff of Allen, Shoaff of 
Jay, Shuey, Sim, Stewart, Stenger, Stivers, Stringer, Stuckey, Sul- 
livan of Scott, Thatcher, Trusler, Upson, Yeach, White, Whiteside, 
Willis, Woodruff, Wright, Zeigler and Mr. Speaker — 82. 

Mr. Banta voting in the negative. 

So it was deemed expedient to suspend the constitutional rule, and 
read Senate bill No. 42 by its title a second time now. 

So Senate bill No. 42 was read a second time. 

Mr. Puett moved that it be deemed expedient to suspend the con- 
stitutional rule, requiring the reading of bills on three several days, 
and that Senate bill No. 42 be read a third time now. 

The ayes and noes were taken under the Constitution. 

Those who voted in the affirmative were, 

Messrs. Abbett, Beckett, Bird, Bonner, Boyd, Branham, Brown, 
Burton, Burwell, Buskirk, Chambers, Church, Coffroth, Collins, Col- 



278 

over, Cook, Cox, Croan, Crook, Emerson, Ferris, Foulke, Goodman, 
Glazebrook, Gregg, Gregory of Montgomery, Gregory of Warren, 
Griffith, Groves, Hargrove, Henricks, Hershey, Higgins, Hogate, 
Hoover, Humphreys, Hunt, James, Johnson, Kilgore, Lasselle, 
Lemon, Lockhart, Major, Meredith, Milroy, Montgomery, Newcomb, 
O'Brien, OUeman, Osborn, Perigo, Puett, Reese, Rhoads, Rice, Rich- 
ards, Richardson, Riford, Roach, Sabin, Shoaff of Allen, Shoaff of 
Jay, Shuey, Sim, Stewart, Stivers, Stringer, Stuckey, Sullivan of 
Scott, Thatcher, Trusler, Upsori, Veach, White, Whiteside, Willis, 
Woodruff. Wright, Zeigler and Mr. Speaker — 81. 

Those who voted in the negative were, 

Messrs. Banta and Burnes — 2. 

So it was deemed expedient to suspend the constitutional rule, and 
Senate bill No. 42 was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the aflSrmative were, 

Messrs. Abbett, Banta, Bird, Boyd, Branbam, Brown, Burnes, 
Burton, Burwell, Buskirk, Chambers, Church, Coffroth, Collins, Colo- 
ver, Cook, Cox, Croan, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregg, Gregory of Montgomery, Gregory of Warren, Griffith, Groves, 
Hargrove, Henricks, Hershey, Higgins, Hogate, Hoover, Humphreys, 
Hunt, James, Kilgore, Lasselle, Lemon, Lockhart, Major, Meredith, 
Miller of Tippecanoe, Milroy, Montgomery, McVey, Newcomb, 
O'Brien, Olleman, Osborn, Perigo, Puett, Reese, Rhoads, Rice, Rich- 
ards, Richardson, Riford. Roach, Sabin, Shoaff of Allen, Shoaff of 
Jay, Shuey, Sim, Steward, Stringer, Stuckey, Sullivan of Scott, 
Thatcher, Trusler, Upson, Veach, White, Whiteside, Willis, Woodruff, 
Woods, Wright, Zeigler, and Mr. Speaker — 84. 

Noes none. 

The question being, shall the title as reported stand as the title of 
the bill V 

It was agreed to. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

Senate Joint Resolution No. 2. A Joint Resolution proposing an 
amendment to Article eight of the Constitution, so as to enable cities 
and towns to levy taxes for the support of Common Schools. 

Which was read a first time. 



279 

Mr. Woods moved to refer the Joint Resolution to the Committee 
on Education. 

Which was not agreed to. 

Mr. Reese moved to refer said Joint Resolution to the Special Com- 
mittee heretofore appointed on that subject. 
Which was agreed to. 

Mr. Milroy moved that the House do now adjourn. 

Mr. Brown moved to amend, that when the house do adjourn it 
meet again at two o'clock this afternoon. 
Which was not agreed to. 

The question recurring on the motion of Mr. Milroy, 
It was not agreed to. 

Senate Joint Resolution No. 3. A Joint Resolution proposing an 
amendment to section 23, article 4, of the Constitution, so as to pro- 
Tide for laws enabling cities and towns to raise money for the support 
of Common schools. 

Which was read a first time. 

Mr. Woods moved to refer said Joint Resolution to the Committee 
on Education. 

Which was not agreed to. 

Mr. Montgomery moved to refer to the Special Committee on Con- 
stitutional Amendments. 
Which was agreed to. 

Senate bill No. 115. A bill to amend section eleven of *'an act 
concerning county prisons," approved May 27, 1852. 
Which was read a first time, and, 

On motion by Mr. Hershey, 
Was referred to the Committee on the Judiciary. 

Mr. Wright moved to suspend the order of business and take up 
House bills on third reading. 
Which was not agreed to. 

On motion by Mr. Higgins, 
Leave of absence was granted Mr. Griffith from Friday noon till 
Wednesday morning. 

Senate bill No. 14. A bill to amend an act entitled " an act in 
relation to County Treasurers," approved June 4th, 1852, and declar- 
ing an emergency. 

Was read a second time. 



280 

The amendments heretofore reported by the Committee on the 
Judiciary were read and concured in. 

The bill was then ordered to be engrossed and pass to a third read- 
ing. 

Mr. Milroy moved that the House do now adjourn. 
Which was not agreed to. 

Leave of absence was granted to the Committee on the affairs of 
the State Prison North, from Tuesday next. 

Senate bill No. 1. A bill appropriating seventy-five thousand dol- 
lars ($75,000.00,) for the expenses of the present session of the Gen- 
eral Assembly, and providing the manner of payment of the members 
and officers, and their assistants and appointees^ of the Senate and 
House of Representatives, 

Was taken up. 

The pending question being on the following amendment offered 
by Mr. Higgins : 

Amend by adding to the third section the following: "And the 
Auditor of State shall also audit and issue warrants to such of the 
members of the House of Representatives for the year 1863, as had 
their per diem reduced for absence, for the amount so reduced." 

Messrs. Buskirk and Brown demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Church, Collins, 
Chambers, Colover, Cook, Cox, Crook, Emerson, Ferris, Goodman, 
Gregory of Montgomery, Gregory of Warren, Griffi:th, Groves Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, 
Lockhart, Major, Meredith, Miller of Tippeeanooe, Mon-tgomery, 
McVey, Newcomb, Olleman, Reese, Rhoads, Rice, Riford, Sabin, 
Shuey, Sim Steward, Stivers, Stringer, Trusler, Upson, Whiteside,. 
Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 54. 

Those who voted in the negative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk^ 
Coffroth, Croan, Foulke, Glazebrook, Gregg, Hargrove, Humphreys, 
Hunt, Lasselle, Lemon, O'Brien, Osborn, Perigo, Richards, Richard- 
son, Roach, Shoaff of Allen, Shoaff of Jay, Stringer, Stuckey,, Sull> 
van of Scott, Thatcher, Yeach and White — 31. 

So the amendment was agreed to. 



281 

Mr. Branham offered the following amendment : 

And that the further sum of one hundred and thirty-five thousand 
dollars be appropriated out of the Treasury to repay the principal of 
loans made to the Governor of Indiana for the support of the Benev- 
olent Institutions, State Prison, &c., as follows : 

FROM WHAT SOURCE RECEIVED, DATE RECEIVED. AMOUNT. TOTAL 

To Decatur county June 13, 1863 $7^.000 00 

Tippecanoe county June 15, 1863 5,000 00 

Marion county „ „ „ June 15, 1863 $10,000 00 

Marion county February 1, 1864.. 10,000 00 

20,000 00 

Vermillion county ^ June 18, 1863.. 250 00 

Hendricks county June 19, 1863 6,500 00 

Hendricks county July 15, 1863 3,450 00 



10,000 00 

Henry county . June 23, 1863 6,000 00 

Lake county June 23, 186a 1,000 00 

Parke county June 23, 1863 2,000 00 

Fayette county June 23, 1863„ ^ 5,000 00 

Lagrange county June 27, 1803. 4,000 00 

Wabash county Juae 29, 1863 10,000 00 

W. S. Reid and others, citizens of Wayne county.. August 3, 1863. 20,000 00 

Delaware county August 5, 1863 .^ 5,000 00 

Warren county August 24, 1863 2,500 00 

Boone county Sept. 25, 1863 1,200 00 

Boone county Jan. 14, 1864 3,800 CO 

5,000 OO 

Hamilton county Jan. 27,'1864 2,.000 00 

Terre Haute and Richmond R. R. Co Oct. 30, 1863 15,000 00 

W. R. McKeen Jan. 19, 1864. .^ 10,000 00 

St. Joseph county Feb. 5, 1864 3,000 00 



Total ^ ^135,000 00 

With interest at 6 per cent, per annum from date loans were received, 
until date of re-payment, except on $20,000 borrowed from citizens 
of Wayne county, on which interest has been paid to Aug. 3d, 1865, 
and on which loan interest shall be deducted at 6 per cent, from 
date principal is repaid to said 3d day of Aug., 1865. 

Mr. Brown moved that the House do now adjourn. 
Which was not agreed to. 

Mr. Buskirk moved to amend as follows : 

That the sum of one hundred and thirty-five thousand dollars be, 
and the same is hereby appropriated to pay the expenses of the 
Asylum for the Insane, and the Institutions for the Education of the 
Deaf and Dumb and the Blind for the years 1863 and 1864. 

The question being on the amendment offered by Mr. Buskirk, 

Messrs. Buskirk and Thatcher demanded the ayes and noes. 

Those who voted in the aflSrmative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk, 
Coffroth, Collins, Colover, Groan, GlazebrQok, Gregg, Hargrove,, 



2B2 

Humphreys, Hunt, Lasselle, Lemon, O'Brien, Osborn, Perigo, Puett, 
Richards, Roach, Shoaff of Allen, Shoaff of Jay, Stuckey, Sullivan 
of Scott, Thatcher, Yeach and White— 31. 

Those who voted in the negative were, 



Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers 
Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Groodman 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Hen 
ricks, Her«hey, Higgins, Hogate, Hoover, James, Johnson, Kilgore 
Lockhart, Major, Meredith, Miller of Tippecanoe, Montgomery 
McVey, Newcomb, Olleman, Reese, Rhoads, Rice, Riford, Sabin, 
Shuey, Sim, Stewart, Stivers, Stringer, Trusler, Upson, W^hiteside, 
Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 53. 

So the amendment was not agreed to. 

Mr. Brown offered the following amendment : 

Amend the amendment by striking out all that relates to interest] 
on the loan. 

The question being on the amendment offered by Mr. Brown, 

Messrs. Buskirk and Brown demanded the ayes and noes. 

Those who Yoted in the affirmative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk, 
Coffroth, Colover, Croan, Glazebrook, Gregg, Hargrove, Humphreys, 
Hunt, Lemon, O'Brien, Osborn, Perigo, Richards, Roach, Shoaff of 
Allen, Shoaff of Jay, Stuckey, Sullivan of Scott, Thatcher, Veach 
and White— 29. 

Those who voted in the negative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, 
Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, 
Lockhart, Major, Meredith, Miller of Tippecanoe, Montgomery, 
McVey, Newcomb, Olleman, Reese, Rhoads, Riford, Rice, Sabin, 
Shuey, Sim, Stewart, Stivers, Stringer, Trusler, Upson, Whiteside, 
Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker— 53. j 

So the amendment offered by Mr. Brown was not agreed to. 

The question being on the amendment offered by Mr. Branham, ' 

Messrs. Brown and Branham demanded the ayes and noes. 



J 



283 

Those who voted in the affirmative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, 
Church, Colover, Cook, Cox, Crook, Emerson, Ferris, Foulke, Good- 
man, Gregory of Montgomery, Gregory of Warren, Griffith, Groves, 
Henricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kil- 
gore, Lockhart, Major, Meredith, Miller of Tippecanoe, Montgom- 
ery, McVey, Newcomb, Olleman, Puett, Reese Rhoads, Rice, Riford, 
Sabin, Shuey, Sim, Stewart, Stivers, Stringer, Trusler, Upson, White- 
side, Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 55. 

Those who voted in the negative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk, 
Coffroth, Croan, Glazebrook, Gregg, Hargrove, Humphreys, Hunt, 
Lemon, O'Brien, Osborn, Perigo, Richards, Roach, Shoaff of Allen, 
Shoaff of Jay, Stuckey, Sullivan of Scott, Thatcher, Yeach and 
White— 27. 

So the amendment was adopted. 

Senate bill No. 1 was then read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Banta, Bonner, Boyd, Branham, Burnes, Chambers, Colo- 
ver, Church, Cook, Cox, Croan, Crook, Emerson, Ferris, Foulke, 
Goodman, Gregory of Montgomery, Gregory of Warren, Griffith, 
Groves, Henricks, Hershey, Higgins, Hogate, Hoover, James, John- 
son, Kilgore, Lockhart, Major, Meredith, Miller of Tippecanoe, Mc- 
Vey, Montgomery, Newcomb, Olleman, Puett, Reese, Rhoads, Rice, 
Riford, Sabin, Shuey, Sim, Steward, Stivers, Stringer, Trusler, 
Upson, Whiteside, Willis, Woodruff, Woods, Wright, Zeigler and Mr. 
Speaker — 56. 

Those who voted in the negative were, 

Messrs. Abbett, Beckett, Bird, Brown, Burton, Burwell, Buskirk, 
Coffroth, Glazebrook, Gregg, Hargrove, Humphreys, Hunt, Lemon, 
O'Brien, Osborn, Perigo, Richards, Roach, Shoaff of Allen, Shoaff 
of Jay, Stuckey, Sullivan of Scott, Thatcher, Veach and White — 26. 

The question being shall the title as read stand as the title of the 
bill. 



284 

Mr. Newcomb offered the following as a substitute : 

An act making specific appropriations from the State Treasury. 
Which was agreed to. 

The question being shall the bill as amended stand as the title of 
the bill. 

It was so ordered. 
So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

Mr. Rhoads, from the Committee on Enrolled Bills, made the fol- 
lowing report : 

Mr. Speaker: 

The Joint Committee on Enrolled Bills respectfully report that 
they have examined Enrolled Joint Resolution No. 12, House of 
Representatives, and instruct me to report the same as properly and 
correctly enrolled. 

The Committee on Engrossed Bills, asked the privilege of employ- 
ing a clerk during the remainder of the session. 
Which was granted. 

On motion, by Mr. Shuey, 

The House adjourned. 



FRIDAY MORNING, 9 o'clock, \ 
February 3d, 1865. / 

The House met pursuant to adjournment. 

The Clerk proceeded to read the Journal, 

When, on motion by Mr. Higgins, 

The further reading was dispensed with. 



285 

' Mr. Jamison Lee, a Representative from the county of Washing- 
ton, came forward and was sworn by the Speaker, and took his seati 

REPORTS PROM STANDING COMMITTEES. 

Mr. Whiteside, from the Committee on the Judiciary, made the 
following report : 

Mr. Speaker : 

The Committee to whom was referred House bill No. 77, providing 
for the settlement of the estates of persons who have been absent 
from their places of residence and not heard from for seven years, 
direct me to report said bill back to the House, and ask the House 
to lay the same on the table, inasmuch as no legislation is needed on 
the subject. By reference to p. 485, 2d vol. Gaven & Hood, it will 
be seen that the wrongs intended to be remedied by the bill, are 
amply provided for by the act of March 5, 1859. 

Which, 

On motion, 

Was laid on the table. « 

Mr. Whiteside, from the same Committee, made the following 
report : 

The Committee to whom was referred House bill No. 19, made the 
following report : 

Mr. Speaker t 

The Committee to whom was referred House bill No. 19, having 
had the same under consideration, direct me to report the same back 
to the House and recommend its passage. 

Which, 

On motion. 

Was laid on the table. 

Mr. Miller, of Tippecanoe, from the Committee on the Organiza* 
tion of Courts of Justice, made the following report : 

Mr. Speaker : 

The Committee to whom was referred House bill No. 43, a bill to 
repeal an act entitled "An act to establish Courts of Conciliation, 
to prescribe rules and proceedings therein, and compensation of 
Judges thereof," approved June 11, 1852, have had the same under 



. ■ 286 

consideration and direct me to report the same back to the House 
and recommend its passage. 

Which, 
On motion, 

Was laid on the table. 

Mr. Gregory, of Montgomery, from the Committee on Courts of 
Justice, to whom was referred House bill No. 57, made the follow- 
ing report : 

Mr. Speaker : 

The Committee to whom was referred House bill No. 57, an act, 
entitled, "An Act to amend section seven hundred and eighty-four 
of an act to revise, simplify and abridge the rules, practice, plead- 
ino'S and forms of in civil cases, in the . Courts of this State; to abol- 
ish distinct forms of action at law and provide for the administration 
of justice, in a uniform mode of pleading and practice, without dis- 
tinction between law and equity,'' approved June 18, 1852, have had 
the same under consideration and direct me to report the bill back to 
the House and recommend its passage. 

Which, 

On motion. 

Was laid on the table. 

Mr. Johnson, from the Committee on the Organization of Courts 
of Justice, made the following report : 

Mr. Speaker : 

The Committee to whom was referred Senate bill No. 11, an act 
repealing section 10 of an act, entitled, " An Act to establish courts 
of conciiliation, to prescribe rules and proceedings therein and com- 
pensation of judges thereof," approved June 11, 1852, have had the 
same under consideration and direct me to report the same back to 
the House with the recommendation that it lay on the table. 

Which was agreed to. 

Mr. Burwell, from the Committee on the Organization of Courts 
of Justice, made the following report : 

Mr. Speaker : 

The Committee to whom was referred House bill No. 34, being an 
act to amend the 18th section of an act regulating descents and the 
apportionment of estates, respectfully report said bill, with the fol- 
lowing amendments : 

Strike out the words " by which marriage any children are living," 
in the eighth line of the second page, and inser't, in lieu thereof, the 



- 297 . 

following words " and there being no children, or their descendants 
jiving, of the deceased husband, from whom such real estate came to 
such widow,'' and, when so amended, the Committee recammend its 
pa-ssage. 

Which, 

On motion. 

Was laid on the table. 

Mr. Gregory of Warren, from the Committee on Education, made 
the following report : 

Mr. Speaker : 

■The Committee on Education, to whom was referred House bill 
No. 76, offered by Mr. Miller of Clinton county, to amend the 79th 
:and 97th sections of the Common School act of 1801, have had the 
same under consideration ; they beg leave to report, that the Com- 
mittee on Education are now preparing a new School bill, to be pre- 
sented to this House in a few days, which will meet all the require- 
ments of this bill, and as the Committee concur with the member 
who offered said bill, they have no doubt this will be satisfactory to 
have the same incorporated into said new School bill, without a sepa- 
rate act on the subject. They therefore recommend that no action 
be taken by the Hause on said bill No. 76, for the present. 

Which, 

On motion, 

Was laid on the table. 

Mr. Gregory of Warren, from the ComBaittee on Education, made 
,the following report : 

;Mr. Speaker : 

; The Committee on Education, to whom was referred House bill 
'No. 26, offered by Mr. Woodruff, of Vigo county, to amend section 
27 of the School law, approved March 5th, 1855, beg leave to report, 
that tbey have examined said bill, and they find on examination of 
the law, that said section 27, of said School law referred to in said 
bill, is not in force, and, therefore, needs no amendment ; they, there- 
fore, return said bill to the House, and recommend that it do not pass. 

Which, 

On motion. 

Was laid on the table. 

Mr. Gregory of Warren, from the same Committee, made the fol- 
lowing report : 

Mr. Speaker: 

The Committee on Education^ to whom was referred House bill No, 



28S 

105, offered by Mr. Lasselle of Cass county, to amend section 46 of 
llie Common School law of 1861, beg leave to report, that they have 
examined the same, and they now report that the Committee on Edu^ 
cation are now preparing, and will present to this House, a new 
School law, which will embrace in it the matters in substance as asked 
for in this bill, which new School bill will no doubt have the proper 
consideration of this House ; they, therefore, ask that no further 
action be taken on this bill at present. 
Which was laid on the table, 

Mr. Olleman, from same Committee, made the following report i 
Mr. Speaker: 

Tht) Committee on Education, to whom was referred House bill No. 
40, offered by Mr. Howard, of Clark county, to amend sections 78 
and 82, of the School law of 1861, beg leave to report, that they have 
given due consideration to said bill ; your Committee would further 
report, that they are now preparing and will present in a few days to 
this House, a new School bill, in which bill will be embraced the views 
of your Committee on the matters asked to be acted upon in this bill ; 
they, therefore, return said bill to the House, with the recommenda*- 
tion that no further action be taken upon said bill at this time. 

Which, 
On motion. 

Was laid on the table* 

Mr. Church>, from the Committee on Swamp Lands, made the fol^ 
lowing report-: 

Mr. Speaker : 

The Committee on Swamp Lands, to whom was referred " Joint 
Resolution No. 11," for the relief of George W. Archer, have had 
the same under consideration, and direct me to report the same back 
to the House, and recommend its passage. 

Which, 
On motion, 

Was laid on the table. 

Mr. Riford, from the Committee on Swamp Lands, made the fol^ 
lowing report: s 

Mr. Speaker: 

The Committee on Swamp Lands, to whom was referred House bill 
No. 86, entitled " an act authorizing the digging of a ditch or canal 
from the Little Calumet River to Grand Calumet River, in Lake 



289 

county," have had the same under consideration, and direct me to re- 
port the same back to the House, and recommend its passacre 

Which, 

On motion, 

Was laid on the table. 

Mr. Church, from th-e Committee on Swamp Lands, made the fol- 
lowing report : 

■ Mr. Speaker : 

The Committee on Swamp Lands, to whom was referred House bill 
No. 55, " an act authorizing persons therein named, to dig a canal 
from the Columet River to Lake Michigan, for the purpose of drain- 
ing the Swamp Lands of Lake and Porter coantie;*," have had the 
same under consideration, and direct me to report the same back to 
the House, and recommend its passage. 

Which, 
^ On motion, 

Was laid on the table. 

Mr. Trusler, from the Committee on Military Affairs, made the 
following report : 

Mr. Speaker : 

The Committee on Military Affairs, to whom was referred Senate 
Joint Resolution No. 5, instructing our Senators and requestiii'- our 
Representatives in Congress, to secure the passage of a law placing 
certain persons therein named upon the Pension Roll, &c., would 
respectfully report the same back to this House, with the recom- 
mendation that this House concur therein. 

Which, 

On motion, 

Was laid on the table. 

Mr. Trusler, from the Committee on Military Affairs, made the 
following report : 

Mr. Speaker : 

The Committee on Military Affairs, to whom was referred House 
bill No. 68, authorizing Boards of County Commissioners in this State, 
to take donations and receive subscriptions, for the purpose of erect- 
ing a monument to the memory of those from their several counties 
Avho have lost their lives and who may lose their lives in the present 
war for the restoration of the Union, would respectfully report the 
same back to this House, and recommend its passage. 

Which, 

On motion, ' ■ 

Was laid on the table. 

H. J.— 19. 



290 

Mr. Boyd, from the Committee on Claims, made the following 
report : 

Mr. Speaker : 

The Committee to whom was referred House bill No. 99, have had 
the same under consideration, and beg leave to report the same back 
to the House and recommend that it be referred to the Committee on 
Ways and Means. 

Which, on motion, was concurred in. 

Mr. Groves, from the Committee on Claims, made the following 
report : 

Mr. Speaker : 

The Committee on Claims, to whom was referred the claim of Mor- 
rison & Ray, Attorneys at Law, for the sum of §714.00 — attorneys' 
fees for prosecuting a suit in Marion Circuit Court for the State of 
Indiana, in the name of Josepb A. Wright vs. John D. Defrees and 
others — have had the same under consideration, and beg leave to 
report that the claim is deemed excessive, and the Committee recom- 
mend that the sum of S200.00 be allowed and incorporated in the 
Specific Appropriation bill for payment. 

Mr. Groves moved to refer the report to the Committee on Ways 
and Means, with instructions to incorporate said sum in the Specific 
Appropriation bill. 

Mr. Newcomb moved to amend by inserting " five hundred dollars." 
Which was not agreed to. 

Mr. Newcomb moved to amend by inserting in the proper place, 
" three hundred and fifty dollars," instead of " two hundred dollars.'' 
Which was not agreed to. 

The report was then concurred in, and, 

On motion by Mr. Groves, 
Was referred to the Committee on Ways and Means. 

Mr. Veach, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the claim of John 
H. Frazier for the sum of seventeen dollars and seventy cents, for 
repairing twenty drawers in the Hall of Representatives during the 



291 

session of 1863, have had the same under consideration, and recom- 
mend that it be allowed, and placed in the Specific Appropriation bill 
for payment. 

The report was concurred in, and so referred. 

Mr. Burnes, from the Committee on Rights and Privileges of the 
Inhabitants of the State, made the following report: 

Mr. Speaker: 

The Committee on Rights and Privileges of the Inhabitants of the 
State, to whom was referred House bill No. 58, entitled " an act to 
amend the fifth and sixth sections of an act regulating interest on 
money, and to repeal an act entitled " an act concerning interest on 
money," approved May 27th, 1852 ; the fifty-first section of an " act 
defining misdemeanors, and prescribing punishmet therefor," approved 
June 14th, 1852, and all other laws and parts of laws in conflict 
with this act," approved March 7th, 1861, have had the same under 
consideration, and directed me to report the same back without any 
amendment, and recommend that the bill pass in its present form. 

Which, 

On motion. 

Was laid on the table, 

Mr. Stringer, from the Committee on Roads, made the following 
report: 

Mr. Speaker: 

The Committee on Roads, to whom was referred House bill No. 49 
introduced by Mr. Meredith, entitled *' an act to amend section thirteen 
of an act in relation to plank roads," have had the same under consid- 
eration, and direct me to report said bill back to the House and 
recommend the passage of the same without amendment. 

Which, 

On motion. 

Was laid on the table. 

Mr. Stringer, from the Committee on Roads, made the foliowuig 

report : 

Mr. Speakers. 

The Committee on Roads, to whom was referred House bill No. 79, 
entiled an act to amend an act entitled " an act providing for th© 
election or appointment of Supervisors of Highways, and prescribing 
certain of their duties, and those of county and township oflicers in 
relation thereto," approved March 5th, 1859, have had the same under 



292 

consideration, and direct me to report said bill back to the Honse 
with the following amendment, and when so amended recommend it& 
passage : 

Amend by striking out all of section thirty-three, " declaring an 
emergency." 

Which, 

On motion, 
Was laid on the table. 

Mr. Stivers, Chairman of the Committee on County and Township 
Business, made the following report : 

Mb. Speaker : 

The Committee on County and Township Business to whom wag 
referred House bill No. 52, " entitled an act to render uniform the 
assessments of personal property in the several townships of the 
diflferent counties," instruct me to report that they have had the same- 
under consideration, and that they recommend its passage. 

Which, 
On motion. 

Was laid on the table. 

Mr. Stivers from the Committee on County and Township Busi- 
ness, made the following report : 

Mr. Speaker : 

The Committee on County and Township Business, to whom was 
referred House bill No. 31, entitted an act to amend section one of 
an act entitled an act to exempt property from sale in certain cases, 
approved Feb. 17th, 1862, have had the same under consideration 
and instruct me to report the same back to this House and recom- 
mend its passage. 

Which, 

On motion, 

Was laid on the table. 

Mr. Stivers, from the Committee on County and Township Busi- 
ness, made the following report : 

Mr. Speaker : 

The Committee on County and Township Business, to whom was 
referred House bill No. 92, entitled an act fixing the time of filing 
the original papers in actions before the County Commissioners Courty 



293 

and the time of filing claims against the county, have had the same 
under consideration, and direct me to report to this House, that in 
'the opinion of said Committee the passage of said bill in inexpe- 
dient. They therefore recommend that said bill lie on the table. 
The report was concurred in, and report laid on the table. 

Mr. Woods from the Committee on Agriculture made the followrftg 
report : 

i 

Mr. Speaker: 

The Committee on Agriculture, to whom was referred House bill 
No. 29, " an act to amend section 15 of an act entitled an act con- 
•cerning inclosures., trespassing animals and partition fences," have 
had the same under consideration and have directed me to report the 
bill back without amendment and recommend its passage. 

Which, 

On motion, 

Was laid on the table. 

Mr. Hogate from the Committee on Agriculture, made the follow- 
iing report : 

Mr. Speaker : 

The Committee on Agriculture to whom was referred Senate 
Joint Resolution No. 10, '' a Joint Resolution relative to the estab- 
lishment of a bonded tobacco warehouse at Evansville, Indiana," 
have had the same under consideration and direct me to return the 
same to the House and recommend its passage. 

Which was laid on the table. 

Mr. Higgins asked and obtained leave for the Special Committee 
■on Resolution No. 14 to be authorized to visit the State Prison, in 
company with the Standing Committees on the Prisons. 

Mr. Meredith, from the Committee on Benevolent and Scientific 
Institutions, made the following report : 

Mr. Speaker; 

The Committee on Benevolent and Scientific Institutions, to whom 
was referred the following preamble and resolution, have considered 
the subject matter of it, and directed me to report them as follows : 

Whereas, Our Lunatic Asylum is so crowded that many who are 
entitled to a place within its walls cannot be admitted for want of 
room; therefore, 



294 

Resolved, That the Committee on Benevolent and Scientific Insti- 
tutions be requested to take the matter into consideration, and recom- 
mend some plan by which such persons may be provided for. 

The Committee reports that the subject matter of the resolution 
was duly considered, and reported upon in their regular report on the 
Benevolent and Scientific Institutions, which has been submitted to 
the House and ordered to be printed. 

Which, 

On motion, 
Was laid on the table. 

Mr. Meredith, from the Committee on Benevolent and Scientific 
Institutions, made the following report : 

Mr. Speaker: 

The Committee on Benevolent and Scientific Institutions, to whom 
was referred the following resolution, have directed me to report 
thereon as follows : 

Be it resolved by the House of Rep-esentaiives, {the Seriate conew- 
ring,) That the use of the Chapel attached to the Asylum for the 
Blind be granted to the congregation of Grace Church, of the denom- 
ination of Christians, known as the Protestant Episcopal, for the 
space of three months, allowing them to assemble for the purpose of 
Christian worship, once, each Sabbath, within said period : Provided^ 
said permission comports with the convenience of the Superintend- 
ent and the inmates of said institution. 

The Committee recommend the adoption of the resolution, and 
that the denomination of christians referred to in said resolution be 
allowed the use of the Chapel attached to the Blind Institute- for the 
space of three months, with the consent of the Superintendent and 
pupils of said Institute. 

Which, 

On motion. 
Was laid on the table. 

Mr. James, from the Committee on Corporations, made the foUow- 
ing report : 

Mr. Speaker:. 

The Committe on Corporations, to whom was referred House bil* 



295 

No. 62, have had the same under consideration, and instruct me to 
report the same back i;o the House, and recommend its passage. 
. Which, 

On motion, 
Was laid on the table. 

Mr. James, from the Committee on Corporations, mad? the follow- 
ing report : 

Mr. Speaker: 

» 

The Committee on Corporations, to whom was referred House bill 
No. 83, have had the same under consideration, and instruct me to 
report the same back to the House, and recommend that it be indefi- 
nitely postponed. 

The report was concurred in, and House bill No. 83 indefinitely 

postponed. 

Mr. James, from the Committee on Corporations, made the follow- 
ing report : 

Mr. Speaker: 

The Committee on Corporations, to whom was referred a resolu- 
tion of this House, instructing them to inquire into the propriety of 
legislating upon the subject of incorporating towns and cities, 
divided by county lines, have had the same under consideration and 
instruct me to report the same back to the House, and recommend 
that legislation upon that subject would be inefficient. 

The report was concurred in. 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : 

Mr. Speaker: 

The Committee on the Judiciary, to whom was referred House bill 
No. 2, entitled, " A Bill relative to the Supreme Court, and pro- 
viding compensation to the judges thereof," together with the amend- 
ment thereto, recommended by the Committee on Fees and Salaries, 
have had the same under consideration, and have instructed me to 
report back the bill and amendment, with the following recommenda- 
tions : 

Amend by striking out the following words, at the end of section 
4 : "on the days aforesaid," and insert in lieu thereof the following : 
" as in other cases.'' 



296 

That the amendment proposed by the Committee on Fees *and 
Salaries be laid on the table. 

And, when the bill is so amended, the Committee recommend its 
passage. 
Which, 

On motion, 
"Was laid on the table. 

Mr. Miller, of Clinton, offered the following resolution : 

Resolved, That the Committee on Ways and Means be instructed 
to report to this House, on to-morrow morning, the claim of D. J. 
Silvers, due on contract for work done and materials furnished in the 
erection of sundry buildings connected with State Prison, north. 

Mr. Branham moved to amend by referring the within matter and 
the whole indebtedness of Northern State Prison, prior to the 11th 
of March, 1863, to the Committee on Claims. 

Which was agreed to. 

The resolution, as amended, was then adopted. 

JOINT RESOLUTIONS AND BILLS INTRODUCED. 

By Mr. Whiteside, 

Joint Resolution No. 13. A Joint Resolution of the General 
Assembly of the State of Indiana, accepting and ratifying an article 
in addition to, and amendment of, the Constitution of the United 
States, proposed by the Congress thereof. 

Which was read a first time and passed to a second reading. 

By Mr. Brown, 

House bill No. 116. X bill to provide for testing and sealing all 
weights and measures used by wholesale and retail merchants and 
dealers, and providing a punishment for all persons who shall violate 
the provisions of this act, and declaring an emergency. 

Which was read a first time, and, 
On motion by Mr. Brown, 

Referred to the Committee on the Judiciary. 



By Mr. Newcomb 



House bill No. 117. A bill to amend sections 39, 42, 45 and 54, 
of an act, entitled, " An Act for the incorporation of insurance com- 



297 

panies, defining their powers and prescribing their duties," approved 
June 17, 1852. 

Which was read a first time, and, 
On motion by Mr. Newcomb, 

Was referred to the Committee on the Judiciary. 

By Mr. Howard, 

House bill No. 118. A bill to amend section 2 of an act to require 
surviving partners to file inventories and appraisements in the ofiice 
of the Clerk of the Court of Common Pleas, and to report the lia- 
bilities of the firm, approved March 5, 1859. 

Which was read a first time, and, 
On motion, 

Was referred to the Committee on the Judiciary. 

By Mr. Rhoads, 

House bill No. 119. A bill to establish and create a State Normal 
School, and matters connected therewith. 
Which was read a first time, and. 

On motion by Mr. Brown, 
Referred to the Committee on Education. 

By Mr. Kilgore, 

House bill No. 120. A bill to prescribe the duties of agents of 
insurance companies. 

Which was read a first time, and. 

On motion, 
Referred to the Committee on Corporations. 

On motion by Mr. Veach, 

Resolved, That the Doorkeeper of this House procure a piece of 
zinc for the purpose of covering the register on the right hand of the 
Speaker's stand, as the use of it is unnecessary in this warm weather, 
and unhealthy. 

By Mr. McVey, 

House bill No. 121. A bill to cure defective acknowledgments of 
deeds in certain cases. 

Which was read a first time, and. 

On motion, 
Referred to the Committee on the Judiciary. 

Mr. Wright off'ered the following resolution: 

Be it resolved, That the Judiciary Committee be instructed to 
inquire into the propriety of making an appropriation to each soldier 



298 

and marine from this State that has been, or may be, in the military 
service of the United States for any period of time not less than one 
year during the present war, of an amount equal to the amount of 
taxes that has been, or may be, levied on the property of such soldier 
or marine for the purpose of paying bounties to volunteers, and 
report to this House by bill or otherwise. 
Which was agreed to. 

Mr. Osborn offered the following resolution : 

Resolved^ That the Committee on the Judiciary be instructed to 
inquire into the expediency of repealing the 1st, 2d, 3d, 4th, 5th, 
and 6th sections of an act entitled " an act to ascertain the amount 
of the fees and salaries of the Clerks of the Supreme Court, and 
the various counties in this State ; of County Auditors, Treasu- 
rers and Recorders; of Circuit and Prosecuting Attorneys, and to 
provide punishment for a violation of its provisions," approved June 
•Sd, 1861, and report by bill or otherwise. 

Which was agreed to. 

On motion by Mr. Beckett, 

Resolved^ That the elective officers of this House be instructed to 
inform this House of the number of employees they each have in 
their employ, and their respective duties. 

By Mr. Cook, 

House bill No. 122. A bill to amend sections six and ten of an 
act entitled *' an act to provide for and regulate the inspection of 
tobacco throughout the State of Indiana," approved February 12th, 
1857. ' ^t- J ^ 

Which was read a first time, and. 

On motion. 
Referred to the Committee on Manufactures and Commerce. 



Mr. Newcomb moved to reconsider the vote by which the Committee 
on Engrossed Bills were authorized to employ a Clerk on yesterday 
Which was agreed to. 



Mr. Newcomb then moved to lay the request of the Committee on 
the table. 

Which was aojreed to, 

Mr. Olleman introduced 

House bill No. 123. A bill to declare forfeited the right of way ol 
certain railroad companies to branch roads, no part of which has been. 



1 



299 

completed, and upon which no work has been done for ten years, and 
declaring that the right of way aforesaid shall revert to the land 
owners along the route thereof. 
Which was read a first time, and. 
On motion, 
^ Referred to the Committee on the Judiciary. * 

Leave of absence was granted Mr. Shouff, of Allen, till Tuesday- 
next. 

Mr. Stringer introduced 

House bill No. 124. A bill to amend section thirty of " an act 
regulating the fees of officers, and repealing former acts in relation 
thereto," approved March 2d, 1855. 

Which was read a first time, and, 
On motion, 

Referred to the Committee on County and Township Business. 

Mr. Newcomb introduced 

House bill No. 125. A bill to amend sections one and two of an 
an act entitled " an act to provide for the re-location of county seats, 
and for the erection of public buildings in counties in case of such 
re-location," approved March 2d, 1855. * 

Which was read a first time, and, 
On motion. 

Referred to the Committee on County and Township Business. 

Leave of absence was granted Mr. Lasselle till Monday, Messrs. 
Gregory, of Montgomery, and Roach till Wednesday next, and Mr., 
Coffroth till Saturdav of next week. 

The Select Committee on State Prisons were granted leave of 
absence to visit the Prisons North and South. 

Mr. Buskirk laid before the House the report of the Military 
Auditing Committee, which was laid on the table and 500 copies 
ordered to be printed. 

SENATE BILLS ON FIRST READING. 

Senate bill No. 28. A bill to amend the 25th section of an act 
entitled " an act defining felonies, and prescribing punishment there- 
for," approved June 10th, 1852. 

Which was read a first time, and, 
On motion, 

Referred to the Committee on the Judiciary. 



aoo 

Senate bill No. 36. A bill to legalize the appraisement and assess- 
ment of property in the cities of this State ; the making out and de- 
livering of the tax-duplicates in the cities of this State, and the as- 
sessment of property by the Treasurers of the cities in this State, in- 
corporated under the general laws of this State for the incorporation 
of cities, ♦ M 

Was read a first time, and. 
On motion, 

Referred to the Committee on the Judiciary. 

Senate bill No. 44. A bill in relation to joint contracts, promises 
and obligations, and declaring all such contracts, promises and obli- 
gations, to be joint and several im their nature, so far as relates to 
the remedies to enforce the same, 

Was read a first time, and, 
On motion, 

Referred to the Committee on the Judiciary. 

Senate bill No. 60. A bill to amend the 21st section of an act 
•entitled, an act to authorize a company to construct the Aurora and 
Laughery turnpike, approved February loth, 1848, 

Was read a first time, and, 
On motion. 

Referred to the Committee on Corporations. , 

Senate bill No. 61. A bill to amend section 4 of " an act contain- 
ing several provisions regarding landlords, tenents, lessors and lessees,' • 
approved May 20th, 1852, 
Was read a first time, and. 

On motion, 
Referred to the Committee on Agriculture- 
Engrossed Senate bill No. 63. A bill prohibiting Circuit or Com- 
mon Pleas Judges, County Clerks, Auditors, Recorders, Treasurers, 
Sheriffs, or any Deputy of either of them, from practicing law in 
any Court of this State, and prescribing punishment for the violation 
of the same. 

On motion by Mr. Trusler, 
Was referred to the Committee on the Judiciary. 

Senate bill No. 65. A mill to amend section 13, of an act approved 
May 12th, 1852, entitled " an act authorizing the construction of 
Plank, Macadamized, and Gravel roads," 

Was read a first time. 

Mr. Brown moved to refer to the Committee on Rights and Privi- 
leges of the Inhabitants of the State. 

Which was not agreed to. 



Mr. Sullivan, of Scott, moved to refer to the Committee on Roads, 
Which was agreed to. 

Engrossed Senate bill No. 79. A bill for the relief of any person^ 
plaintiff in execution ; all officers to whom executions may be issued 
on any judgment and sureties, and to sureties in certain cases. 

Read a first time, and. 
On motion, 

Referred to the Committee on the Judiciary. 

Engrossed Senate bill No. 77. A bill to amend section one of an 
act entitled, to amend the 3od section of an act entitled, an act to 
revise, simplify, and abridge the rules, practice, pleadings and forms 
in civil cases in the Courts of this State ; to abolish distinct forms of 
action at law, and to provide for the administration of justice in a 
uniform mode of pleading and practice, without distinction between 
law and equitity, approved March 9th, 1861, 

Was read a first time, and. 
On motion, 

Referred to Committee on the Judiciary. 

Senate bill No. 82, A bill to authorize cities to prepare, execute, 
negotiate and sell bonds ; to provide means to complete unfinished 
school buildings, and to pay debts contracted for the erection of 
school buildings, and to authorize the levy and collection of an addi- 
tional special tax ; to provide means for the payment of the interest 
and principal of such bonds, and declaring an emergency. 

Was read a first time, and. 
On motion, 

Referred to the Committee on Education. 

Engrossed Senate bill No. 84. A bill to amend section 2 ofjan 
act entitled, an act prescribing the powers and duties of Justices of 
the Peace in State prosecution, approved May 29th, 1852, so as to 
authorize the service of a warrant throughout the State. 

Read a first time, and, 

On motion by Mr. Wright, 

Referred to the Committee on the Judiciary. ' 

Mr. Wright moved to suspend the order of business and take up 
engrossed House bills. 
Which was agreed to. 

House bill No. 63. A bill relating .to corporations for mechanical, 
manufacturing, mining and quarrying purposes was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 
Messrs. Abbett, Banta, Beckett, Bonner, Boyd, Branham, Brown, 



302 

Burnes, Burton, Burwell, Chambers, Cofifroth, Cook, Cox, Groan, 
Emerson, Ferris, Foulke, Goodman, Glazebrook, Gregg, Gregory of 
Warren, Groves, Henricks, Hershey, Higgins, Hogate, Hoover, How- 
ard, Humphreys, Hunt, James, Johnson, Kilgore, Lockhart, Mere- 
dith, Miller of Tippecanoe, Montgomery, McVey, Newcomb, O'Brien, 
OUeman, Osborn, Patterson, Perigo, Puett, Reece, Rhoads, Richards, 
Rice, Riford, Shoaff of Jay, Shuey, Sim, Steward, Stenger, Strin- 
ger, Stuckey, Thatcher, Upson, Veach, White, Whiteside, Woodruff, 
Willis, Woods, Wright, Zeigler and Mr. Speaker— 69. 

Those who voted in the negative were, 
Messrs. Collins, Colover, Dunham, Lee, Lopp and Lemon — 6. 

The question being, shall the title as read stand as th-e title of the 
bill. 

It was so ordered. 
So the bill passed. 

Ordered, that the Clerk inform the Senate thereof. 

House bill No. 84. A bill to legalize the action of Boards of 
Countv Commissioners of Vermillion County and of the District and 
State Boards of Equalization, in adopting the appraisement of real 
estate of 1859 as the basis for the assessment of taxes for the year 
1864, and each year thereafter till a new appraisement shall be ma-de. 

Was read a third time, and the question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Banta, Beckett, Boyd, Bonner, Burnes, Burton, 
Burwell, Coffroth, Collins, Colover, Cook, Cox, Croan, Emerson, 
Foulke, Goodman, Gregg, Gregory of Warren, Groves, Henricks, 
Hershey, Higgins, Hogate, Hoover, Howard, Humphreys, Hunt, 
James, Johnson, Kilgore, Lee, Lemon, Lockhart, Lopp, Major, Mer- 
edith, Miller of Tippecanoe, Montgomery, McVey, Newcomb, OUe- 
man, 0'Brien,'^Osborn, Patterson, Perigo, Puett, Reece, Rhoads, Rice, 
Richards, Riford, Shoaff of Jay, Shuey, Sim, Steward, Stenger, 
Stringer, Stuckey, Thatcher, Trusler, Upson, Veach, White, Wliite- 
side, Willis, Woodruff, Woods, Wright, Zeigler and Mr. Speaker — 72. 

None voting in the negative. 

The question being, shall the title as read stand as the title of the 
bill. 

It was so ordered. 
So the bill passed. 

^ ^ Ordered^ that the Clerk inform the Senate thereof. 



303' 

The following messages from the Senate were taken up : 

Mr. Speaker: 

I am directed by the Senate to inform the House of Kepresenta- 
tives, that the Senate has adopted the following concurrent resolu- 
tion to-wit : 

Whereas, The laws now in force in the State of Indiana on the sub- 
ject of Insurance Companies, need such general revision as will 
protect the people of the State against fraud and irresponsible 
organizations, therefore, 

Be it Resolved hy the Senate {the House concurring therein)^ That a 
Committee of three on behalf of the Senate to act in conjunction 
with a like Committee of three on behalf of the House to whom 
all bills now introduced, or that may hereafter be introduced upon 
that subject, shall be referred, and that said Committee is hereby 
instructed to examine the laws now in force relative to Insurance 
Companies, and report by bill or otherwise. 

In which the concurrence of the House is respectfully requested. 
Which was read and concurred in. 

Message from the Senate, by Mr. Whittlesey, their Secretary. 

Mr. Speiaker: 

I am instructed by the Senate to inform the House that the Senate 
as passed the following concurrent resolution : 

Resolved hy the Senate, {the Houae of Representatives concurring,) 
That the Adjutant General of the State of Indiana be instructed to 
use his utmost influence to induce the proper authorities to establish 
a general mustering office in the City of Indianapolis, where recruits 
can be mustered and credited to any district, county, township 
or city in the State of Indiana, or such other regulations as may 
produce the effect of giving Districts other than the 6th District an 
equal right to procure volunteers from among persons who may visit 
the city where the military headquarters of the State are situated. 

In which the concurrence of the House of Representatives is 

respectfully requested. 

I am also directed to return to the House the following Enrolled 
Joint Resolution thereof : 

Enrolled Joint Resolution of the House No. 7. '^ A Joint Reso- 
lution instructing our Senators and requesting our Representatives 



304 

in Congress to endeavor to obtain an appropriation for the improve- 
ment of the harbor at Michigan City. 

The same having been signed by the President of the Senate. 

Which was taken up, read, and concurred in. 

Mr. Beckett moved to suspend the order of business, and take up 
House bill No. 45. 
Which was agreed to. 

House bill No. 45. A bill to legalize the acts of certain officers in 
the State, who have entered the military service, and have accepted 
commissions in the armies of the United States, and whose duties 
have been discharged by deputies during their absence in said ser- 
vice. 

Was read a third time. , 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Banta Beckett, Bonner, Boyd, Branham, Burnes, 
Burton, Burwell, Chambers, Church, Coffroth, Collins, Col over. Cook, 
Cox, Croan, Ferris, Foulke, Goodman, Gregg, Gregory of Warren, 
Groves, Hershey, Higgins, Hogale, Hoover, Howard, Humphreys, 
Hunt, James, Johnson, Major, Meredith, Miller of Tippecanoe, 
McYey, Newcomb, O^'Brien, Olleman, Osborn, Patterson, Perigo, 
Puett, Reese, Rhoads, Rice, Richards, Riford, Shoaff of Jay, Shuey, 
Sim, Stevr'art, Steiiger, Stivers, Stringer, Stuckey, Sullivan of Scott, 
Thatcher. Trusier, Upson, Veach, White, Whiteside, Willis, Woods 
and Mr. Speaker — 66. 

Mr. Lemon voting in the negative. 

The question being, shall the title as read stand as the title of the 
bill? 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

Engrossed Senate bill No. 10. A bill to amend section 322 of an 
act entitled, " An act to revise, simplify and abridge the rules, prac- 
tice, pleadings and forms in civil cases in the courts of this State, to 
abolish distinct forms of action at law, and to provide for the admin- 
istratioij of justice in a uniform mode of pleading and practice, 



305 

without distinction between law and equity," approved June 18th, 
1852. 

Was read a second time, and, 
On motion by Mr. Buskirk, 

Was referred to the Committee on the Judiciary. 

Mr. Thatcher moved that when the House adjourns, it stands 
adjourned till 2 o'clock P. M. Monday next. 
Which was not agreed to. 

Mr. James moved to adjourn till 2 o'clock P. M. 
Which was not agreed to. 

The Speaker laid before the House the following reports from the 
officers of the House of Representatives : 

To the Members of the Rouse of Representatives : 

In compliance with the resolution of Februarj^Sd, I have the honor 
to submit the following report : " 

I have appointed the persons whose names and occupation are a« 
follows, to- wit : 

A J. Castater, Stationery Clerk. 
John S. Duncan, Speaker's Clerk. 
George Nichols, Floor Page. 
Walter Buskirk, 
Oliver T. Boaz, 
James Burns, 
Hugh Hadley, Clerk's Page. 
Wm. D, Elliott, Speaker's Page. 
A. J. Halford, Doorkeeper's Page. 
James Dillie, Stationery Page. 

JOHN U. PETTIT, Speaks. 

To the Speaker of the House of Representatives : 

Sir : In reply to the resolution of February 3d, I have the honor 
to make the following report : 

I have employed the clerks whose names and occupations are as 
follows, to-wit: 

0. M, Wilson, Reading Clerk. 
J. M. Bradley, Engrossing Clerk. 
J. F. Heaton, Engrossing Clerk. 
Timothy Field, Register Clerk. 
R. H. Newcomb, Enrolling Clerk. 
W, W. Hester, File Clerk. 

CYRUS T. NIXON, 
Principal Clerk Home of Representativet^ 
H. J,—— 20 



u 


u 


a 


u 


u 


u 



806 

To the Speaker of the House of Representatives : 

Sir: In reply to the resolution of February 3d, I have the honor 
to submit the following report : 

I have employed the Clerks whose names and occupation are as 
T6II0WS, to-wit : 

Charles E. Griffin, Journal Clerk. 
Rob't 0. Dormor, " " 

Wm. H. Current, '" " 

Moses C. Springer " '' 

T. W. 0. BRAFFETT, 
Assistant Clerk ffoiise of Representatives. 

To the Speaker of the House of Representatives : 

Sir : In compliance with the resolution of February 3d, I have 
the honor to submit |>ie following report : 

I have employed the persons whose names and occupation are as 
follows, to-wit : 



G. W. Busby, 1st Assistant Doorkeeper. 
A. W. Stringer, 2d '^ " 

W. W. Browning, 3d " '' 

A. Wagoner, Doorkeeper to Committee. 
W. H. McCarty, " " 

Captain Russell, Fireman below. 
RoVt Morrow, ** " 

Peter Wilkins, " above, 

' George Phillips, " " 

George Cook, Coal Carrier. 
John Warner, Spittoon Cleaner. 
George Douglass, Mail Messenger. 

J. H. DOOLEY, 
, . , ... Doorkeeper House of Representatives. 

Mr. Speaker ; 

In accordance with a resolution of the House of February 3d, I 
have the honor to submit the following list of employees by me 
appointed, to-wit: 

1st Assistant Stationery Clerk, Wm. W. Daugherty. 
2d " " " Wm. H. Burk. 

Folder for Stationery Room, A. C. Cochran. 

A. J. CASTATER, 
Stationery Clerk. 



307 

Engrossed Senate bill No. 23. A bill to amend section seventy- 
six of an act entitled, " An act defining misdemeanors, and pre- 
scribing punishment therefor, approved June 14, 1852." 

Which vras read a second time, and, 

Ordered to be engrossed, and passed to a third reading. 

Message from the Senate, by Mr. Whittlesey, their Secretary. 

Mr. Speaker : 

I am directed by the Senate to present the House of Represen- 
tatives the follov7ing enrolled acts of the Senate for the signature of 
the Speaker of the House : 

Enrolled Senate Act No. 6. An act to amend an an act entitled,. 
An act to amend section wseven of an act entit ;.■«{, An Act to fix the 
times for holding the Common Pleas Court in the several counties of 
this State, the duration of the the terms thereof, and making all 
process from the present Common Pleas Courts returnable to such 
terms, and declaring when this act shall take effect, and repealing 
all laws inconsistent therewith, approved March 5, 1869, so as to 
change the times of holding said Courts in Jackson and Bartholomew 
counties, and declaring when this act shall take effect, approved March 
9, 1861, so as to change the times of holding said Courts in Jennings 
and Bartholomew counties, extending the times for holding said Courts 
therein, requiring all persons to take notice thereof, providing for 
the return of process, and declaring when this act shall take effect. 

Enrolled Senate Act No. i2. An act to amend section nine of an 
act entitled, An act to fix the time of holding the Common Pleas 
Courts in the several counties of this State, the duration of the terms 
thereof, and making all process from the present Common Pleas 
Courts returnable to such terms, and declaring when this act shall 
take effect, and repealing all laws inconsistent therewith, approved 
March 5, 1859. 

I am also directed to return to the House, 

Joint Resolution of the House No. 12. A Joint Resolution on 
behalf of the Grand Rapids and Indiana Railroad Company, asking 
that an extension of time be granted by the Congress of the United 
States to said company to enable them to complete the construction 
of their road. 

Which has been signed by the President of the Senate. 

The Speaker announced the following Select Committee of Five 
on Physicians' Memorials : 



308 

Messrs. Griffith, Sullivan of Scott, Henricks, Stuckey and Coffroth. 

Also, Select Committee on resolution of the House of January 
8l8t : 

Messrs. Bird, Whiteside, Beckett, Foulke and Brown. 

Mr. Stringer asked and obtained leave of absence till Monday 
n«xt. 

Messrs. Sabin and Wright asked and obtained leave of absence on 
account of sickness of their families. 

The committee on Education were granted leave of absence to 
visit Stock well Institute week after next. 

The Committee on Agriculture were granted leave of absence to 
visit the same institution, next Wednesday a week. 

Leave of absence was granted Mr. Kilgore till Tuesday next. 

The Speaker announced to the House that he had signed Senate 
bills No. 42 and 6. 

On motion by Mr. Burnes, 

The House adjourned. 



SATURDAY MORNING, 9 o'clock, \ 
February 4, 1865. J 

The House met. 

The Clerk proceeded to read the Journal, when, 

On motion by Mr. Riford, 

The further reading of the Journal was dispensed with. 

Messrs. Higgins, Montgomery and Goodman were granted leave of 
absence till Monday next. 



309 

REPORTS FROM STANDING COMMITTEES. 

Mr. Miller, of Tippecanoe, from the Committee on the Organiza- 
tion of the Courts of Justice, made the following report : 

Mr. Speaker: 

The Committee to whom was referred Senate bill No. 39, an act to 
amend an act, entitled, "■ An Act to amend section 19 of an act to fix 
the time of holding the Common Pleas Courts, in the several counties 
of this State, the duration of the terms thereof, and making all pro- 
cess from the Common Pleas Court returnable to such terms, &c.," 
approved February 15, 1861, have had the same under consideration 
and direct me to report the same back to the House and recommend 
its passage. 

Which, 

On motion. 

Was laid on the table. 

Mr. Groves, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred House bill No. 
112, which is a bill for the relief of A. W. Loudermilk, and for the 
conveying of certain tracts of lands therein named, have had the 
same under consideration, and beg leave to report the same back to 
the House with the recommendation that it lie on the table. 

Which, 

On motion. 

Was laid on the table. . 

Mr, Burnes, Chairman of the Committee on Rights and Privileges 
of the Inhabitants of the State, made the following report : 

Mr. Speaker : 

The Committee on Rights and Privileges of the Inhabitants of the 
State to whom was referred House bill No. 35, entitled, " An Act to 
prevent county officers and their deputies from practicing law, during 
their term of office, and prescribing punishment therefor, have had the 
same under consideration, and direct me to report the same back, 
without amendment, and recommend the passage of the bill in its 
present form. 

Which, 

On motion, 

Was laid on the table. 



» 



310 

Mr. Lockhart, from the Committee on Railroads, made the follow- 
ing report : 

Mr. Speaker: 

The Committee on Railroads, to whom was referred House bill No. 
9, have had the same under consideration, and instruct me to report 
the same back, and to recommend its passage. 

Which, 

On motion, 

Was laid on the table. 

Mr. Coffroth, from the Committee on Railroads, made the follow- 
ing majority report: 

Mr. Speaker : 

The Committee on Railroads, to whom was referred House bill No. 
59, have had the same under consideration, and the majority of 
said Committee have instructed me to report said bill back, and to 
recommend that section first be amended by adding to the conclusion 
thereof the follong : 

'^And provided, further, That nothing, in this act contained, shall 
be held or construed to make or render the State liable for any debt, 
obligation or liability of any such canal company: And provided, 
furtJier, That any railroad company with which a canal company may 
contract, as aforesaid, shall, for the protection of the hydraulic power 
of the canal, maintain the embankments thereof, so far as such rail- 
road company occupies such embankments." And that, when so 
amended, they do recommend its passage. 

Which, 

On motion, 

Was laid on the table. 

Leave was granted the minority to make a report at some future 
day. 

Mr. Coffroth, from the Committee on Railroads made the follow- 
ing report : 

Mr. Speaker : 

The Committee on Railroads to whom was referred House bill No. 
107, have had the same under consideration, and have instructed me 
to report the same back and to recommend its passage. 

Which, 

On motion. 

Was laid on the table. 



311 

Mr, Patterson, from the Committee on County and Township Bus- 
iness, made the following renort ; 

Mr. Speaker: 

The Committee on County and Township Bussness, to whom was 
referred House bill No. 6Q, an act to amend the 3d section of an act 
entitled an act providing for the election and prescribing certain duties 
of County Surveyors, approved June 15th, 1852, have had the same 
under consideration and direct me to report it back, and recommend 
it lie on the table. 

Which, 

On motion. 

Was laid on the table. 

Mr. James, from the Committee on Corporations, made the follow^ 
ing report : 

Mr. Speaker: 

The Committee to whom was referred House bill No. 108, intro- 
duced by Mr. Puett, of Putnam, have had the same under consider- 
ation and instruct me to report the same back to the House and rec- 
ommend its passage- 

Which, 

On motion, \ 

Was laid on the table. 

Mr. James, from the Committee on Corporations, made the fol- 
lowing report : 

Mr. Speaker: 

The Committee on Corporations to whom was referred House bill 
No. 88, a bill authorizing certain Corporations therein named to 
-change their corporate name, have had the same under consideration 
and instruct me to report the same back to the House and recommend 
its passage. 

Which, 

On motion. 

Was laid on the table. t 

Mr. James, from the Committee on Corporations, made the fol- 
lowing report:: 

Mr. Speaker: 

The Committe on Corporations to whom was referred a resolution 
offered by Mr. Collins in relation to regulating frieght and fares on 
public conveyances, have had the same under consideration and 
instruct me to report the same back to the House and recommend its 
reference to the Committee on Railroads. 



312 

Which, 

On motion, 
Was referred to the Committee on Railroads. 

Mr. Collins, from the Committee on Swamp Lands, made the fol- 
lowing report : 

Mr. Speaker: 

The Committee on Swamp Lands to whom was referred House bifi 
No. 78, have had the same under consideration, and have instructed 
me to report it back and recommend its passage. 

Which, 

On motion. 

Was laid on the table. 

Mr. Gregory offered the following resolution : 

Resolved, That the Committee on the Judiciary be instructed to 
inquire into the propriety of so enacting a law, that Clerks of the 
Common Pleas Courts of this State shall be required in making com- 
plete records of the settlement of decedents and wards estates, that 
the different account current, special account current, shall be made 
a part of the complete record, and shall be so recorded, in the com- 
plete records. 

Which, 

On motion. 

Was adopted. 

Mr. Rice, from the Committee on the Judiciary, made the follow- 
ing report: 

Mr. Speaker: 

The Judiciary Committee to whom was committed House bill No. 
J^2, " an act to provide for taking depositions, affidavits and acknowl- 
edgements of persons in the military or naval service of the United 
States," have had the same under consideration and report the same- 
back to the House and recommend its passage. 

Which, 

On motion, 
• Was laid on the table. 

BILLS INTRODUCED. 

By Mr. Woods, ^ 

House bill No. 126. A bill to amend section 5 of an act entitled, 
ML act to authorize the construction of levees and drains, approved 
June 12th, 1852. 

Which was read a first time, and. 
On motion. 

Referred to the Committee on Swamp Lands. 



313 
By Mr. Rice, 

House Joint Resolution No. 14. For the purpose of taking suitable 
initiatory steps for the establishment of a school or schools for the 
reformation of criminals and mendicant children and youths. 

Which was read a first time, and, 
On motion, 

Referred to the Committee on Education. 

By Mr. Foulke, 

House bill No. 127. A bill to amend section 445, of an act entitled, 
an act to revise, simplify, and abridge the rules of practice, pleadings 
and forms in civil cases, in the Courts of this State ; to abolish dis- 
tinct forms of action at law, and to provide for the administration of 
justice in a uniform mode of pleading and practice, without distinction 
between law and equity, approved June 18th, 1852, and to repeal all 
laws in conflict therewith. 

Which was read a first time, and, 
On motion. 

Referred to the Committee on the Judiciary. 

On motion by Mr. Shuey, 

Resolvei, That the Committee on Corporations, be requested to 
inquire into the propriety of extending the powers of Trustees of in- 
corporated towns, and they report by bill or otherwise. 

By Mr. Branham, 

House bill No. 128. A bill to amend sections 8 and 11 of an act 
entitled, ''an act to provide for a more uniform mode of doing town- 
ship business, prescribing the duties of certain officers in connection 
therewith, and to repeal all laws conflicting with this act," and de- 
claring an emergency. 

Which was read a first time, and, 
On motion, 

Referred to the Committee on County and Township Business. 

By Mr. Beckett, 

House bill No. 129. A bill to amend the ninth section of an act 
entitled, " an act to enforce the thirteenth article of the Constitution,'^'' 
approved June 18, 1852. 

Which was read a first time, and. 
On motion. 

Referred to the Committee on the Rights and Privileges of the In- 
habitants of the State. 



314 ] 

By Mr. Gregory, of Warren, ' 

House bill No. 130. A bill to amend the 786tli section of article 
46, of an act to revise and abridge the rules, practice, pleadings and 
forms in civil actions, in the Courts of this State, &c., approved June 
18th, 1852. 

Which was read a first time, and, 
On motion, 

Laid on the table. 

Mr. Shoaff* of Jay, offered the following resolution : 

Resolved^ That the Committee on Benevolent Institutions, be and 
are hereby instructed, to inquire into the expediency of so amending 
the act for the incorporation of cities, as to authorize the Common 
Council of all cities in this State, having a population of ten thousand 
inhabitants or over, to establish a House of Refuge, for the reforma- 
tion of juvenile delinquents, and report by bill or otherwise. 

Which was agreed to. 

By Mr. Newcomb, 

House bill No. 131. A bill to amend section 3, of an act entitled, 
" an act to amend an act entitled, ' an act to repeal all general laws 
DOW in force for the incorporation of cities, prescribe their powers 
and rights, and the manner in which they shall exercise the same ; 
and to regulate such other matters as properly pertain thereto; 
approved March 9, 1857," approved March 11, 1861. 

Which was read a first time, and, 
On motion. 

Referred to the Committee on Corporations. 

Mr. Major offered the following resolution : 

Resolved, That the Committee on the Judiciary be instructed to 
inquire into the expediency of so amending the election laws of this 
State as to make the willful violation thereof a felony, punishable in 
the State Prison, and that they report by bill or otherwise. 

Which, 

On motion, 

Was adopted. ... ^ 

By Mr. Ferris, 

House bill No. 132. A bill to amend section 117 of an act enti- 
tled ^' an act to provide for a general system of Common Schools, 
the oflicers thereof, and their respective powers and duties, and mat- 
ters properly connected therewith, and for the establishment of town- 
ship libraries, and to repeal all laws inconsistent therewith," approved 
March 11th, 1861. 

Which was read a first time, and, 
On motion. 

Referred to the Committee on Education. 



315 

Mr. Boyd, from the Committee on Claims, made the following 
eport : 

Tr. Speaker: 

The Committee on Claims, to whom was referred the claim of Dan- 
el J. Silver and others, embracing the entire indebtedness of the State 
*rison North up to the 11th day of March, 1863, on account of work 
ione on, and materials furnished for said Prison, for the sum of sixty- 
our thousand, one hundred and five dollars and ninety-one cents, and 
ave had the same under consideration, and beg leave to report the 
allowing bill and recommend its passage : 

House bill No. 133. A bill making appropriation to pay the 
adebtedness of the State Prison North on or before the 11th day of 
*Iarch, 1863, and declaring an emergency for the same. 

Which was read a first time. 

Mr. Miller, of Clinton, moved to refer the report, with bill, to Cora- 
aittee on Ways and Means, with instructions to allow twelve per 
lent, interest on claim allowed at last session. 

I Mr. Boyd moved to amend by inserting six per cent, as the rate of 
pterest. 

i" 
Mr. Branham moved to lay report and bill, with pending motions, 

n the table. 

Which was agreed to. 

Senate Joint Resolution No. 5 was taken up and read a second 
ime. 

Mr. Hogate moved to amend by striking out the word ^' passed," 
tt line eight of preamble, and insert '' pressed." 
Which was agreed to. 

The resolution was then passed to a third reading. 

Mr. Newcomb moved to suspend the order of business and take up 
louse bills on second reading. 
Which was agreed to. 

Mr. Cofi*roth moved to reconsider the vote just taken. 
Which was agreed to. 

Mr. Coffroth moved to suspend the order of business and take up 
senate bill No. 39. 
Which was agreed to. 



316 

Engrossed Senate bill No. 39. A bill to amend an act entitled "ar 
act to amend section nineteen of an act to fix the time of holding th( 
Common Pleas Courts in the several counties of this State, the dura- 
tion of the terms thereof, and making all process from the present 
Common Pleas Courts returnable to such terms," »fec., approved 
February 15th, 1861. 

Was read a second time, and passed to a third reading. 

Mr. Boyd presented the claim of Charles C. Campbell, which wae 
referred to the Committee on Claims without reading. 

Mr. Lockhart presented a claim of George Arnold, which was 
referred to the Committee on Claims without reading. 

Mr. Whiteside moved that when the House adjourn, it meet again 
on Tuesday morning next at nine o'clock. ■ 
Which was agreed to. 

On motion by Mr. Whiteside, 
The House adjourned. 



TUESDAY MORNING, 9 o'clock, \ 
February 7, 1865. ( 

The House met pursuant to adjournment. 

On motion by Mr. Branham, 
The reading of the Journal was dispensed with. 

PETITIONS, MEMORIALS, AND REMONSTRANCES. 

By Mr. Newcomb, 

A communication from Messrs. Morrison & Ray, in reference to a 
certain claim of said party, heretofore presented to the House. 
Which, 

On motion, 
Was referred to the Committee on Claims. 



317 

By Mr. Branham, 

Sundry claims audited by the Committee on Ways and Means at 
he last session, as follows, viz : 

A. M. Elkins .^2 00 

B. D. Angell 140 00 

J. H. Wyatt 75 00 

G. A. Bickwell , 40 00 

G. A. Bickwell : 100 00 

Grafton P. Cookerley 2,500 00 

U. F. Mason 195 00 

J. S. Walker 205 00 

Larry Kenned 28 50 

A. E. & W. H. Drapier 66 00 

A. Wilson 1,071 55 

James Griffin 55 00 

H. A. Fletcher 723 42 

Speigel, Thorns & Co 73 85 

James Mahoney 27 75 

Bingham, Doughty & Co 16 00 

Indianapolis Journal Co 919 36 

Gavin & Hord 10,000 00 

P. Warner 2 75 

Charles C. Campbell 179 00 

Indianapolis Journal Co 156 26 

Julius Boetticher ,. 168 48 

William Braden 495 80 

Rich'd Heninger 149 76 

Werden&Co 5 00 

Larry Kennedy 19 days' work. 

Fitchey & Anderson 4 50 

Wm. Sheets 86 45 

Wm. Braden 9 85 

J. H. Frazier 10 25 

J.J. Bingham 721 00 

Talbott & Costigan 5,292 50 

Patrick Branin 13 50 

James Russell 9 00 

W. H.Drapier 600 00 

James McLene & Co 222 80 

L. B. Brown 30 00 

State Board of Agriculture 3,000 00 

W. Braden 13 00 

Hogshire&Co 28 30 

C. A. Ferguson 12 25 

Deloss, Root & Co 32 95 

Nathaniel F. Cunningham J of 1 ^c. 

McCord & WJbeatley 14 90 



318 

Thomas Dorsey |5 00 

James McLene 17 00 

Jacob Lindley 4 00 

Thomas Barbour 1 50 

J. B. Wilson 13 55 

J. B. Osgood 58 00 

J. B. Wilson 29 30 

Merrill & Co 7 95 

Chas. C. Hawthorn 13 00 

C. A. Werbridge 7 32 

Werden & Co 9 50 

Ramsey & Hanning 23 80 

Peter Joseph Rinehard 16 25 

J. Renhart 11 75 

Jno. C. Dunn 21 55 

James G.Douglass 242 85 

John Lanahan 83 00 

J. S. Walker 7 00 

Simmons & Co 1 25 

R. L. & A. W. McOuatt 24 55 

Ruger & Caldwell 14 00 

Which, 

On motion, 

Was referred to the Committee on Claims without reading. 

Mr. Branham presented the claim of Turner & Dickson, which was 
referred to the Committee on Claims. 

Mr. Groves from the Committee on Claims, made the following 
report : 

Mr. Speaker : 

The Committee on Claims, to whom was referred the claim of J. 
B. Osgood for the sum of one hundred and nineteen dollars, for 
painting and glazing in State House, during the year 1864, have had 
the same under consideration and would recommend that it be allowed 
and incorporated in the Specific Appropriation Bill for payment. 

Mr. Buskirk moved to concur in the report of the Committee and 
refer the same to the Committee of Ways and Means. 
Which was a";reed to. 

I 

Mr. Boyd, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the claim of J. 



319 

B. Osgood, for the sum of fifty-eight dollars, for glazing and paint- 
ing done on State House in 1862, have had the same under consider- 
ation and recommend that tlie claim be allowed and incorported in 
the Specific Appropriation Bill, for payment. 

Which was. 
On motion. 

Referred to the Committee of Ways and Means. 

Mr. Boyd, from the Committee on Claims, made the following 
report : 

Mr. Speaker : 

The Commitee on Claims, to whom was referred the claim of J. B. 
Osgood, for the sum of one thousand seven hundred and seventy-four 
dollars and forty cents, for painting and varnishing done in State 
House in 1865, have had the same under consideration and recom- 
mend that the claim be allowed and incorporated in the Specific 
Appropriation Bill, for payment. 

Which, 

On motion. 

Was referred to the Committees of Ways and Means. 

Mr. Boyd, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the claim of 
Messrs. Boll and Smith, for the sum of eighty- one dollars and 
eighty-eight cents, for papering, carpets and curtains for the office of 
Superintendent of Public Instruction, have had the same under con- 
sideration and would recommend that it be referred to the Committee 
on Ways and Means, for payment. 

Which, 

On motion. 

Was referred to the Committee of Ways and Meana. 

Mr. Cook, from the Committee on Manufactures and Commerce, 
made the following report : 

Mr. Speaker: 

The Committee on Manufactures amd Commerce, to whom was 
referred House bill No. 106, entitled, *' A bill authorizing the con- 
struction of ware-houses for the inspection, storage and sale of 



320 

tobacco," hss had the same under consideration, and have directed 
me to report it back, and recommend its passage without amendment. 

Which, 

On motion, 
Was laid on the table. 

Mr. Stivers, from the Committee on County and Township Busi- 
ness, made the following report : 

Mr. Speaker: 

. The Committee on County and Township Business, to whom was 
referred House bill No. 53, introduced by Mr. Howard, entitled, 
"An act to amend sections 5 and 14, of an act entitled. An act to 
provide for the more uniform mode of doing township business, pre- 
scribing the duties of certain ofificers in connection therewith, and to 
repeal all laws in conflict with this act, approved February 18, 1859," 
have had the same under consideration and instruct me to report 
that they recommend that said bill be amended by striking out all of 
that part thereof thnt relates to section five of said act, and that that 
portion of the bill which proposes to amend section 14, be amended 
by striking out the words " two dollars and fifty cents," where the 
same occurs in said bill, and inserting the words *' two dollars" in lieu 
thereof. With these amendments, the Committee recommend the 
passage of the bill. 

Which, 

On motion,' 
Was laid on the table. 

Mr. Banta, from the Committee on County and Township Business, 
made the following report : 

Mr. Speaker ; 

The Committee on County and Township Business, to whom was 
referred House bill No. 42, entitled, " An act to amend sections 9, 11 
and 14, of an act to provide for the more uniform mode of doing 
township business, and prescribing the duties of certain officers in 
connection therewith, and to repeal all laws conflicting with this act," 
approved February 18, 1859, off'ered by Representative Ferris, have 
had the same under consideration, and, having^ duly considered the 
same, have instructed me to report the bill back, with a recommend- 
ation that the bill lie on the table, as, in the opinion of the Commit- 
tee, the changes of the law made by the bill are inexpedient and 
unnecessary. 

Which, 

On motion, 
Was laid on the table. 



321 

Mr. Shuey, from the Committee on Temperance, made the follow- 
ing report : 

Mr. Speaker : ' • . 

The Committee to whom was referred Mr. Harrison's House bill 
No. 33, to amend section 8 of an act entitled " An act to regulate 
and license the sale of spirituous, vinous, malt and other intoxicating 
liquors, &c., would respectfully report that they have had the same 
under consideration. The Committee are of the opinion that the law 
should be amended as proposed by said bill ; but that the Commit- 
tee propose to introduce a bill amending other sections of said act, in 
which said amendment will be fully provided for. Your Committee, 
therefore recommend that said bill, for the pre.sout, lie on the table. 

On motion, 

The report of the Committee was concurred in, ai: I the bill and 
report laid on the table. 

Mr. Shuey, from the Committee on Temperance, made the follow- 
ing report : 

Mr. Speaker : 

Your Committee, to whom was referred House bill No. 98, by Mr. 
Kilgore, would respectfully report that they have had the same under 
consideration, and are of the opinion that the passage of the bill 
would be greatly to the advantage of the people of the State ; but 
they believe it is more expedient to so amend the present law on that 
subject as to obtain the same result, and, for that purpose, they beg 
leave to report the accompanying bill, and recommend that said bill 
(No. 93) for the present lie on the table. 

Which, 

On motion, 

Was laid on the table. 

Mr. Buskirk, from a Select Committee, made the following report : 

Mr. Speaker : 

The Select Committee to whom was referred the petition of A. and 
W. H. Drapier, with reference to the Brevier Reports, have had the 
same under consideration, and have directed me to submit the follow- 
ing resolutions as expressive of the views of the Committee, and 
recommend their adoption : 

Resolved^ That the Doorkeeper be directed to contract with A. and 
W. H. Drapier for five hundred copies of the Brevier Legislative lU- 
H. J.-.21. 



322 

ports, being the usual number furnished for the House every session 
since 1857, the same to be sent by Express, an equal number of copies 
to each memlser, as soon as possible after the adjournment of the 
session : Provided said Reports shall not cost more than two dollars 
per copy ; that one copy for each member be bound, and that said 
Reports shall not be paid for until printed. 

Resolved, That said contract is made on the express condition that 
said Reports shall contain a full, accurate, verbatim report of the 
speeches made in the House, and such statement of bills, resolutions, 
and joint resolutions, and amendments thereto, as will be sufficient to 
make them understood; and the House hereby reserves the right to 
rescind this contract on the failure of the said Drapiers to comply 
with any of the conditions of this contract. 

Which, 

On motion, by Mr. Branham, 
Was laid on the table, informally. 

HOUSE BILLS INTRODUCED. 

By Mr. Branham, 

House bill No. 134. A bill requiring the Boards of County Com- 
missioners, in the several counties of the State of Indiana, to examine 
the books, papers, and vouchers of any county officer in their respec- 
tive counties, who may be charged with having received a greater 
amount of fees than he is legally entitled to receive ; to determine 
the amount thereof, if any, and to cause suit to be brought for its 
recovery. 

Which was read a first time. 

Mr. Boyd moved to refer the bill to the Committee on County and 
Township Business. 

Which was not agreed to. 

Mr. Brown moved to refer it to the Committee on the Judiciary. 
Which was agreed to. 

Message from the Governor, by Mr. B. R. Sulgrove, his Private 
Secretary. 

To the General Asumlly of the State of Indiana : 

I have received from the Secretary of State, of the United States, 
a copy of a Joint Resolution of Congress, passed by a vote of two 
thirds of each House, entitled " a Resolution submitting to the Leg- 
islatures of the several States, a proposition to amend the Constitu- 
tion of the United States," which is in these words : 



J 



323 

**• Resolved hy the Senate and House of Representatives of the United 
States of America in Congress assembled^ (two thirds of both Houses 
concurring) that the following Article be proposed to the Legisla- 
tures of the several States as an amendment to the Constitution of 
the United States, which when ratified by three fourths of said Leg- 
islatures, shall be valid to all intents and purposes, as a part of the 
said Constitution namely : 

" ARTICLE XIU. 

" Section 1. Neither slavery nor involuntary servitude, except as 
a punishment for crime, whereof the party shall have been duly con- 
victed, shall exist within the United States, or any place subject to 
their jurisdiction. ^ 

** Sec. 2. Congress shall have power to enforce this article by 
appropriate Legislation, approved February 1st, 1865." 

Indiana as a part of the North Western Territory, was preserved 
from the curse of slavery by the Ordinance of seventeen hundred 
and eighty- seven. That Ordinance laid the foundation of the State 
in freedom, from which it has surely and rapidly grown. The popu- 
lation, wealth and prosperity of the State, as well as of the other 
States of the North West, fully attest the beneficence of free institu- 
tions, and our hearts should swell with gratitude for the wisdom and 
patriotism of our fathers in bequeathing to us the legacy of liberty. 
In the process of time, and by the dispensation of Providence, it has 
become the privilege of the people of Indiana, acting through the 
forms of the Constitution, and in harmony with a large majority of 
the people of the United States, to extend the rich blessings they 
have enjoyed to States and Territories that have been less fortunate. 

The slavery question is presented in a form hitherto unknown in 
our politics. It is not a question as to the right of Congress to 
exclude slavery from the Territories, nor of the people of the Terri- 
tories, to legislate upon the subject for themselves, nor does it involve 
the discussion of any doubtful powers, but is the simple proposition 
to amend the Constitution of the United States, in the manner pre- 
scribed by itself, so as to strike down the monster wrong which has 
embroiled the nation for more than half a century, and culminated in 
a rebellion without parallel in history, for its wickedness and waste of 
blood and treasure. 

The existence of slavery has ever cast a dark shadow over the 
whole land. When we have boasted to the Old World of a Govern- 
ment established upon the doctrine of inherent equal rights, the des- 
potisms and aristocracies contemptuously replied, that under it human 
flesh was bought and sold as merchandise, and to this we had nothing 
to answer. It has not only dishonored us abroad, but it has poisoned 
our domestic peace, setting neighbor against neighbor, and State 
against State, until, by its last great act of wickedness it has com- 



324 

mitted a crime for which there is no forgiveness, and for which it 
must die. 

In the great opportunity now presented, we discern the hand of 
Providence, which often accomplishes its purposes through the wick- 
edness and folly of mankind. 

Slavery, always criminal and insolent from its smallest beginning, 
bloated with impunity and success, will perish during the war it crea- 
ted to enlarge its power and perpetuate its existence. Let us hasten 
to acquiesce in this great result, by ratifying the action of Congress, 
and thus become a party to the righteous deed in accordance with the 
unquestionable wishes of the people. 

(Signed) 0. F. MORTON. 

Mr. Groves moved that the consideration of the message, be made 
the special order for next Thursday. 

Mr. Dunham moved to amend by making the time Tuesday of next 
week. 

Mr. Bonner moved to make th« subject a special order for Thurs- 
day next at 10 o'clock. 

*•"' Which was agreed to. 

1;' 

• Mr. Brown moved to take up the Joint Resolution introduced by 
Mr. Whiteside, referring to the same subject, and refer the same with 
the message to a Committee of the Whole House, and make the whole 
subject the special order for Thursday next, at 10 o'clock, A. M. 
Which was agreed to, 

Mr. Patterson asked and obtained leave of absence, on account of 
sickness. 

' Mr. Prather was granted leave of absence, on account of sickness. 
By Mr. McVey, 

House bill No. 135. A bill to amend the 651st section of an act 
-t9 revise, simplify, and abridge the rules, practice, pleadings, and 
forms in civil cases in the Courts of this State ; to abolish distinct 
forms of action at law, and to provide for the alteration of justice in 
a uniform mode of pleading and practice, without distinction between. 
law and equity, passed June 18th, 1852. 
. Which was read a first time, and, 
On motion, 

Referred to the Committee on the Judiciary. 

By Mr. Stringer, 

House bill No. 136. A bill to amend section 8 and 11 of an act to 



325 • 

provide for the more uniform mode of doing township business; pre- 
scribing the duties of certain officers in connection therewith, and to 
repeal all laws conflicting with this act, approved February 18th, 1859, 
and declaring an emergency for the immediate taking effect of this 
act. 

Which was read a first time, and. 
On motion, 

Was referred to the Committee of Ways and Means. 

By Mr. Branham, 

House bill No. 137. A bill to enable the qualified electors of this 
State, and absent therefrom in the service of the United States, to 
vote. 

Which was read a first time, and, 
On motion. 

Was referred to the Committee on the Judiciary. 

Mr. Groves off'ered the following resolution : 

Whereas, There is now no law on the Statute books of the State of 
Indiana, requiring a Judge of a Court to go out of the County 
where he resides, to hear or grant a writ of habeas corpus^ unless 
his fees be paid by the parties before hearing said cause ; and, 

Whereas, many poor persons are made to suifer from the injustice of 
this rule — therefore. 

Resolved, That the Committee on the Judiciary be instructed to in- 
quire into the propriety of passing a law, compelling Judges to hear 
such cases at any point in their respective Districts, and allowing the 
County Commissioners to make a sufficient and proper allowance to 
such Judges for hearing such cases, and report by bill or otherwise. 

Mr. Dunham moved to refer it to the Committee on the Judiciary. 
Which was agreed to. 

Mr. Atkinson obtained leave,, and presented a petition from sundry 
ijitizens of Fountain and Montgomery counties, against the increase 
of salaries of county officers. 

Which, 

On motion, 

Was referred to the Committee on Fees and Salaries. 

By Mr. Hunt, 

House bill No. 138. A bill to amend an act entitled, an act to 
provide a Treasury system for the State of Indiana, for the manner 
of receiving, holding, and disbursing the public moneys of the State, 



* 82e 

and for the safe keeping of public moneys, passed March 1st, 1859; 
approved March 5th, 1861. 

Which was read a first time, and, 
On motion, 

Referred to the Committee on County and Township Business. 

By Mr. Shuey, 

House bill No. 189, An act to amend sections 3, 4, 5, 7, 9 and 11^ 
of an act entitled, an act to regulate the sale, and license the sale of 
spirituous, vinous, malt and other intoxicating liquors; to prevent 
the adulteration of liquors ; to repeal all former laws contravening 
the provisions of this act, and prescribing penalties for the violation 
thereof, approved March 5th, A. D., 1859, and prohibiting the owners- 
and keepers of saloons, coffee-houses, &c., from. evading or keeping 
any screens or blinds, and prescribing penalties therefor, and pre- 
scribing penalties in case of second or subsequent conviction. 

Which was read a first time. 

Mr. Shuey moved to lay the bill on the table, and that three hun.dred, 
copies be printed for the use of the House. 
Which was agreed to. 

Message from the Governor, by Mr. Sulgrove, his Private Secretary,. 

State of Inwana, Executive Department^ \ 
Indianapolis, February 7, 1865. / 

To the Speaker of the House : 

Sir, — I am directed by the Governor to inform the House, that he- 
has this day approved Joint Resolution, No. 12, of the House, en- 
titled, a Joint Resolution on behalf of the Grand Rapids and Indiana 
Railroad Company, asking that an extension of time be granted by 
the Congress of the United States to said Company to enable them 
to complete the construction of their road, and that the same has- 
been reported in the office of the Secretary of State. 
(Signed,) 

0. P. MORTON. 

Mr. Rhoads, from the Committee on Engrossed Bills, made the- 
following report: 

Mr. Speaker : 

The Joint Committee on Enrolled Bills respectfully report that 
Joint Resolution No. 12 was by them presented to His Excellency^ 
the Governor, for his approval, at 9:45 A. M., February 6th, 1865. 



327 
By Mr. Branhara, 

House bill No. 140. A bill ratifying the action of the Governor 
in settling and discharging the State's quota of the direct tax levied 
by Congress in 1861, and authorizing him to settle all unsettled 
claims of the State against the United States. 

Which was read a first time, and. 
On motion, 

Referred to the Committee on the Judiciary. 

By Mr. Dunham, 

House bill No. 141. A bill to give Circuit and Common Pleas 
Judges additional powers in civil and criminal cases during vacation. 
Which was read a first time. 

Mr. Dunham moved that it be deemed expedient to suspend the 
Constitutional rule, requiring bills to be read on three several days, 
and read the bill a second time now. 

The ayes and noes were taken under the Constitution. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Beckett, Bird, Bonner, Boyd, Branham, Brown, 
Burton, Buskirk, Chambers, Church, Collins, Cook, Croan, Crook, 
Dunham, Emerson, Ferris, Foulke, Goodman, Glazebrook, Gregg, 
Gregory of Montgomery, Gregory of Warren, Groves, Harrison, 
Henricks, Hershey, Hogate, Hoover, Humphreys, Hunt, James, John- 
son, Kilgore, Lee, Lemon, Lopp, Meredith, Montgomery, McVey, 
Newcomb, O'Brien, Osborn,Perigo, Rhoads, Richards, Riford, Shuey, 
Sim, Spencer, Steward, Stivers, Stuckey, Sullivan of Scott, Thatcher, 
Veach, Welch, White, Whiteside, Willis, Woodruff, Woods, Wright, 
Zeigler and Mr. Speaker — 66. 

Those who voted in the negative were, 
Messrs. Banta, Burnes, Cox, Reese and Stringer — 5. 
So it was deemed expedient to suspend the Constitutional rule. 

House bill No. 141 was read a second time, and. 

On motion by Mr. Dunham, 
Referred to the Committee on the Judiciary. 

By Mr. Thatcher, 

House bill No. 142. A bill to amend sections four and five of an 



^ . ' 328 

act entitled " an act to authorize Judges of the Circuit Courts and 
Common Pleas Courts to appoint Master Commissioners, and defining 
the duties and fixing the compensation of such Master Commission- 
ers," approved March 2d, 1853. 

Which was read a first time, and, 
On motion, 

Referred to the Committee on the Judiciary. 

Message from the Governor, by Mr. Sulgrove, his Private Secretary. 

To the House of Beprefentaiives of ike General Assembly of the State 
of Indiana: 

I have the honor to lay before you, for your consideration, with an 
accompanying letter from the Secretary of State of the United States, 
inclosing a letter from the Hon. Austin S. Morrill : 

Department of State, 
Washington, 2d February, 1865. 

To His Excellency, 

The Governor of the State of Indiana, Indianapolis, Indiana : 

Sir : — I have the honor to transmit to your Excellency a copy of 
a letter of the 25th ult., addressed to the President, by the Hon. Jus- 
tin lj. Morrill, of the House of Representatives, inviting his attention 
to the second section of the Act of Congress of July 2d, 1864, on 
the subject of Statues for the Old Hall of the House of Representa- 
tives. The President directed this Department to request through 
your Excellency that the State of Indiana may take the matter into 
consideration. 

I have the honor to be your Excellency's 

Most obedient servant. 

F. W! SEWARD, 
Acting Secretary. 

House of Representatives, Committee of Ways and Means, \ 

Washington, D. C, January 25, 1865. / 

Dear Sir: 

Permit me respectfully to call your attent>ion to section 2 of the 
act of Congress, of July 2, 1864, (page 347, pamphlet edition,) which 
set apart the old Hall of the House of Representatives for a hall of 
statuary, by which you were authorized to invite each and all the 
States to provide and furnish statues in marble or bronze, not exceed- 
ing two in number, for each State, of deceased persons who have 
been citizens thereof, and illustrious for their historic renown, or from 
di&tinguished civic, military, or such as each State shall determine to 



329 

be worthy of this national commemoration, and when so finished the 
same shall be placed in the old Hall of the House of Representa- 
tives, in the Capitol of the United States, which is set apart, or so 
much thereof as may be necessary, as a national statuary hall, for 
the purposes herein indicated. 

That you approve of the high purpose of this law I have no doubt, 
and in view of the fact that several of the State Legislatures are now 
in session, but some may adjourn, may I ask you to take such action 
at once as you may deem appropriate, in order to notify and give the 
invitation provided for the Governors of the several States, and so 
that they can take early steps to carry the purpose of Congress into 
full eflfect. 

With high respect, your moat obedient servant, 

JUSTIN S. MORRILL. 

To the President. 

Mr, Boyd moved to refer said message and subject to the Commit- 
tee on Ways and Means. 
Which was not agreed to. 

Mr. Whiteside moved to refer to a Special Committee of five. 
Which was agreed to. 

By Mr. Burnes, 

House bill No. 143. A bill permitting attorneys to appear in State 
prosecutions before Justices of the Peace, and to provide for their 
compensation. 

Which was read a first time, and, 
On motion, 

Referred to the Committee on the Judiciary. 

By Mr. Meredith. 

House bill No. 144. A bill to authorize, regulate and confirm the 
sale of railroads, to enable purchasers of the same to form corpora- 
tions and to exercise corporate powers and to define their rights, 
powers and privileges, to enable such corporations to purchase and 
construct connecting and branch roads, and to operate and maintain 
the same. 

Which was read a first time, and, 
On motion, by Mr. Meredith, 

Referred to the Committee on Corporations and 200 copies ordered 
to be printed. 

The Speaker laid before the house the following communications 
from the Superintendent of Public Instruction : 



330 

Department of Public Instruction, ' 

Office of Superintendent, 
Indianapolis, Feb. 4, 1865. 

Hon. John U, Pettit, Speaker of the Ho^ise of Representatives : 

Please permit me to present, through your hands, to the body over 
which you preside, the accompanying biennial report of the State 
Superindent of Public Instruction. I have, according to law, had 
ten thousand copies of it printed. 

Yery respectfully your obedient servant, 

SAMUEL L. RUGG. 



Department of Public Instruction, Office of Superintendent, 

Indianapolis, February 4, 1865. 



} 



To the House of Representatives of the State of Indiana., in Session : 

To the enclosed resolution of the House, offered by Mr. Rice, and 
this moment received, I have the honor to respond : That at the 
date of the last official reports on this subject, March, 1864, the 
amount of school funds which was lying idle in the county treasuries 
and unloaned by County Auditors for want of borrowers was, in the 

aggregate, $178,719 32 

Add to this the amount reported lost 38,975 33 



Gives total fund which is unproductive..... |2S8,064 71 

For full details of these amounts, the House is referred to Tabu- 
lar Statement No. V., commencing on the 217th page of the Appen- 
dix to my Biennial Report to the present General Assembly, a copy 
of which is, with this communication, respectfully submitted. 
Very respectfully. 

Your obedient servant, 

SAM'L L. RUGG. 

On motion, 
The foregoing communications were referred to the Committee on 
Education. 

orders of the day. 

Engrossed Senate bill No. 39. An act to amend an act entitled an 
act to amend section 19, of an act to fix the time of holding the Com- 
mon Pleas Courts in the several counties of this State, the duration 
of the terms thereof and making all process from the present Com- 
mon Pleas Courts returnable to such terms &c., approved Feb. 15th, 
1861, was taken up. 



331 

Mr, Newcomb moved that the bill be read a third time now. 
Which was agreed to. 

So Senate bill No. 39 was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Banta, Beckett, Bird, Bonner, Boyd, Branham., 
Burnes, Burton, Buskirk, Chambers, Church, Collins, Colover, Cooky 
Cox, Croan, Crook, Emerson, Ferris, Foulke, Goodman Glazebrook, 
Gregg, Gregory of Montgomery, Gregory of Warren, Groves, Har- 
rison, Hershey, Hogate, Hoover, Humphreys, Hunt, James, John- 
son, Kilgore, Lee, Lemon, Lopp, Major, Meredith, Miller of Tippe- 
canoe, Montgomery, McYey, Newcomb, O'Brien, Osborn, Perigo, 
Puett, Rhoads, Richards, Riford, Shuey, Sim, Spencer, Steward, Sti- 
vers, Stringer Stuckey, Thatcher, Yeach, Welch, White, Whiteside, 
Woodruff, Woods, Wright and Mr. Speaker — 68. 

None voting in the negative. 

The question being, shall the title as read, stand as the title of the 
bill. 

It was so ordered. 
So the bill passed. 

Ordered^ That the Clerk inform the Senate thereof. 

Engrossed Senate bill No. 3. A bill to legalize the issuing of 
bonds and making of appropriations and the levy and assessment for 
taxes in certain cases was taken up. 

The amendments recommended by the Committee were then read 
as follows : 

# 
let. Insert after the word "issue" in the fourth line of section 
1st, the following words, " by or under the authority of." 
Which, 

On motion, 
Was adopted. 

2nd. Amend said section by striking out the word " township." 
Which, 

On motion. 
Was adopted. 

3d. Amend the 2n(J section of said bill by adding thereto the fol- 
lowing : 



SS2 

" Provided, That in all cases where one or more townships of a 
-county had relieved the township of any given draft, without any 
appropriation in aid thereof from the county, and any debt shall have 
been created by the action of the County Commissioners to pay 
bounties to relieve the residue of the township from such draft, the 
taxes hereafter levied for the payment of principal or interest of such 
indebtedness, shall be levied only on the property and poll liable to 
taxation in the township." 

Mr. Gregory, of Warren, offered the following amendment to the 
amendment of the Committee. 

Any person or persons who have advanced any amount of money 
to relieve their respective townships from a draft, on former calls for 
troops of the General Government, shall be allowed a credit for the 
same on the payment of their taxes that may be assessed against 
them on satisfactory proof being made to the County Commissioners 
of the amount so paid, provided, that said amount shall not exceed the 
amount of the special tax assessed against them for that purpose. 

Mr. Newcomb moved to refer the bill and pending amendments to 
a select Committee of five. 
Which was agreed to. 

Engrossed Senate Joint Resolution No. 5. A Joint Resolution 
instructing our Senators and requesting our Representatives in Con- 
gress, to secure the passage of a law placing certain persons therein 
named upon the pension rolls, 

Was taken up, and the question being, shall the joint resolution be 
read a third time now? 
It was agreed to. 

So Senate Joint Resolution No. 5, was read a third time. 
And the question being, shall said joint resolution pass? 



Those who voted in the affirmative were 



Messrs. Atkinson, Banta, Beckett, Bird, Bonner, Boyd, Branham, 
Brown-, Burnes, Burton, Buskirk, Chambers, Church, Collins, Colover, 
Cook, Cox, Croan, Crook, Emerson, Ferris, Foulke, Goodman, Gregory 
of Montgomery, Gregory of Warren, Harrison, Hershey, Hogate, 
Hoover, Humphreys, Hunt, James, Johnson, Kilgore,rJLee, Lemon, 
Lopp, Major, Meredith, Miller of Tippecanoe, Montgomery, McVey, 
Newcomb, O'Brien, Osborn, Perigo, Puett, Rhoads, Richards, Riford - 
Shuey, Sim, Steward, Stivers, Stringer, Stuckey, Thatcher, Veach, 
Welch, White, Whiteside, Willis, Woodruif, Woods, Zeigler and Mr. 
Speaker — 67. 

None -voting in the negative. 



33a 

The question being, shall the title as read, stand as the title to said 
Joint resolution ? 

It was agreed to. 

So the Senate Joint Resolution, No. 5, passed. 

Ordered^ That the Clerk inform tlie Senate thereof. 

Mr. Bojd moved to suspend the order of business, and take up 
House bill No. 133. 

Pending which, 

On motion by Mr. Brown, 
The House adjourned. 



WEDNESDAY MaRNING, 9 o'clock, | 
February 8, 1865. ( 

The House met pursuant to adjournment. 

The Speaker ordered a call of the House, with the following 
result : 

Messrs. Abbett, Atkinson, Banta, Beckett, Bird, Bonner, Boyd, 
Branham, Burnes, Chambers, Church, Collins, Colover, Cook, Cox, 
Croan, Crook, Emerson, Ferris, Foulke, Goodman, Glazebrook, Gregg, 
Gregory of Montgomery, Gregory of Warren, Hargrove, Harrison. 
Henricks, Hershey, Hogate, Hoover, Humphreys, Hunt, James, 
Johnson, Kilgore, Lee, Lemon, Lockhart, Lopp, Major, Meredith, 
Miller of Clinton, Miller of Tippecanoe, Milroy, Montgomery, McVey, 
Newcomb, O'Brien, Olleman, Osborn, Perigo, Rhoads, Richards, 
Richardson, Riford, Sabin, Shuey, Sim, Spencer, Steward, Stringer, 
Stuckey, Sullivan of Posey and Vanderburg, Veach, Whiteside, Willis, 
Woodruff, Woods, Zeigler and Mr. Speaker. — 71. 

There being a quorum present the further call was dispensed with 

The Clerk proceeded to read the Journal, when, 

On motion by Mr. Church, 
The further reading thereof was dispensed with. 



334 



I 



The Speaker announced the follpwing Special Committee on Senate 
bill No. 3 : 

Messiis. Gregory of Warren, Neweomb, Church, Spencer and Gregg. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Branham, 

A claim from Spiegel, Thorns & Co., for $464.85. 

Which was referred to the Committee on Claims without reading. 

By Mr. Church, 

A petition from sundry citizens of Porter county, praying for and 
proposing an amendment to the State Constitution, and requesting 
our Representatives and instructing our Senators to use their influ- 
ence to have the same amendments incorporated in the Constitution 
of the United States. 

On motion by Mr. Church, 
The petition was referred to the Special Committee on Constitu- 
tional Amendments, heretofore appointed. 

By Mr. McVey, 

A petition from sundry citizens of Marion county, praying for a 
change in the Constitution of the State. 

Which, 

On motion. 

Was referred to the Special Committee on Constitutional Amend- 
ments, heretofore appointed. 

By Mr. Newcomb, 

A claim from J. McLene, for stationery furnished the General 
Assembly in 1863, |17.00. 
Which, 

On motion, 
Was referred to the Committee on Claims. 

By Mr. Whiteside, 

A remonstrance from the Attorneys of Cass county, remonstrating 
against the recenc changes made in their Circuit Court terms. 

Which, 

On motion by Mr. Whitesides, 

Was referred to the Committee on the Organization of Courts of 
Justice. 



335 

REPORTS FROM STANDING COMMITTEES. 

Mr. Miller, of Tippecanoe, from the Committee on the Organiza- 
tion of Courts of Justice, made the following report : 

Mr. Speaker : 

The Committee to whom was referred Senate bill No. 12, " an act 
authorizing creditors, in certain cases, to bring action on their claims 
before they are due, and have attachment against the property of the 
debtor ; to garnishee property, money, credits and effects, and pre- 
scribing the manner of proceeding therein, have had the same under 
consideration, and direct me to report the same back to the House 
and recommend its passage. 

Which, 

On motion. 

Was laid on the table. 

Mr. Miller, of Tippecanoe, from the same committee, made the fol- 
lowing report : 

Mr. Speaker : 

The Committee to whom was referred Senate bill No. 55, '^ an act 
to fix the times of holding the Courts of Common Pleas in the Fifth 
Judicial District, repealing all other laws on the same subject, and 
declaring when this act shall take effect," have had the same under 
consideration, and direct me to report the same back to the House 
and recommend its passage. 

Which, 

On motion, 

Was laid on the table. 

Mr. Gregory, of Warren, from the Committee on Education, made 
the following report : 

Mr. Speaker : 

The Committee on Education, to whom was referred House bill No. 
132, offered by Mr. Ferris, of Ripley county, to amend the 117 sec- 
tion of the school law of 1861, beg leave to report that they have 
examined the same, and report that the Committee on Education are 
preparing, and will present to this House a new school bill, which will 
embody the views of said Committee on the subject, referred to them 
in said bill, which bill, will be presented this week. They, therefore, 
return said bill and recommend that no further action be taken on the 
same for the present. 

The report was concurred in, and tlie bill laid on the table. 



336 

Mr. Henricks from the Committee on Claims made the following 
report : * 

Mr. Speaker : 

The Committee on Claims to whom was referred House bill No. 98, 
for the relief of Thomas Coleman, have had the same under consid- 
eration and have directed me to report the same back to the House 
and ask that it be laid upon the table, and that the Committee on 
Ways and Means be instructed to insert an allowance of $199 93 in 
the*^specific appropriation bill for the relief of the said Thomas Cole- 
man. 

Mr. Newcomb moved to re-commit the report to the Committee 
with instructions for them to prepare a bill making the county of Tip- 
pecanoe pay the claim, instead of the State. 

Mr. Miller, of Tippecanoe, moved to amend by making it a ques- 
tion of inquiry, whether or not, the county of Tippecanoe ever 
received the money. 

The motion as amended, was then agreed to. 

Mr. Stringer, from the Committee on Roads, made the following 
report : 

Mr. Speaker: 

The Committee on Roads, to whom was referred House Resolution 
No. 10, introduced by Mr. Montgomery, inquiring into the expedi- 
ency of changing the Road Law so as to have all the work done in 
the early part of the season, also to allow Supervisors to collect more 
than one dollar per day for failure to work on roads, and to allow 
Supervisors to pay more than seventy-five cents per day for work on 
roads, have had the same under consideration and direct me to report 
that there has been already a bill introduced into the House upon the 
same subject and therefore recommend that said resolution do lie on 
the table. 

Which, 



"^5 



On motion. 
Was concurred in. 

Mr. Stringer, from the Committee on Roads, made the following 
report : 

Mr. Speaker: 

The Committee on Roads, to whom was referred House Resolution 
No. 11, introduced by Mr. Goodman, have had the same under con- 



337 

sideration and direct me to report that the Committee deem it inexpe- 
dient to report a bill authorizing County Boards to make appropria- 
tions to open, build and repair roads and highways, as asked for by 
said resolution and would therefore report said resolution back to the 
House and recommend that the same do lie on the table. 

Which, 

On motion. 

Was concurred in. 

Mr. Lockhart, from the Committee on Railroads, made the follow- 
ing minority report: 

Mr. Speaker: 

The minority of the Committee on Railroads to whom was referred 
House bill No, 59, have had the same under consideration and have 
instructed me to report the following amendment, and when so amen- 
ded, recomlnend its passage. 

2d. In making sale of any of said Canals by their respective 
Boards, the same shall be sold only at public sale, at the chief office 
of the Canal at not less than the appraised value thereof, as real 
estate is sold on execution. The Judge of the Circuit Court through 
whose Circuit said Canal is located, shall appoint three disinterested 
free-holders of the county in which the chief office of said Canal is 
located, and said Board shall give due notice of said sale for not less 
than 60 days in some one of the newspapers of the cities of New 
York and Cincinnati, as well as in the several newspapers published 
in the counties in which said Canal is located. 

3d. The purchaser or purchasers of said Canal at said sale, shall 
not lay their Railroad track on or upon the bed of said Canal, but 
shall be confined to the tow path or land adjacent thereto, so as not 
to destroy or injure the free flow of water for hydraulic or manufac- 
turing purposes ; but shall keep the Canal in good ordinary repair, 
so as to afford a fair and reasonable supply of water to ail present 
lessees, who shall have the right to renew their leases, from time to 
time, at fair and reasonable rates, and any wilful violations of any of 
the clauses of this section by the said purchaser, shall subject him to 
a penalty of forfeiture of all franchises and rights of way under said 
purchase and original charter. 

4th. In making sale of all or any of said Canals, the same shall be 
sold at public sale to the highest and best bidder ; and the proceeds 
of said sale applied to the liquidation of all liens on said Canal, pro 
rata on the same : Provided, however, that no lease or grant, or con- 
veyance, shall be made by any Canal Company of their Canal right 

H. J.— 2-2 



BBS I A 

of way or francliise with the property, but shall be appraised as afore- 
said, and the full appraised value paid therefor by the purchaser. 

Which, 
On motion. 

Was laid on the table. 

Mr. Lockhart, from the Committee on Manufactures and Commerce- 
made the following report : 

Mr. Speaker : 

The Committee on Manufactures and Commerce, to whom was re- 
ferred House bill No. 122, have had the same under consideration, 
and have instructed me to report the same back, and recommend its 
passage. 

Which, 
On motion. 

Was laid on the table. ^ 

Mr. Whiteside, from the Committee on Public Printing, made the 
following report : 

Mr. Speaker: 

The Committee on Public Printing, to whom was referred the reso- 
lution of Mr. Montgomery, inquiring into the expediency of author- 
izing County newspapers to publish the laws of each General Assem- 
bly, beg leave to report the accompanying bill. 

House bill No. 145. A bill to authorize the publication of the Acts 
of the General Assembly in County newspapers. 
Which was read a first time. 

On motion, 
The Report and bill were referred to the Committee on Ways 
and Means. 

Mr. Montgomery, from the Committee on Public Printing, made 
the following report : 

Mr. Speaker: 

The Committee on Public Printing, to whom was referred the Pub- 
lishers' Memorial, asking the amendment of the law in regard to 
estrays and articles adrift, beg leave to report the accompanying bill. 

House bill No. 147. A bill to amend section six of an act enti- 
tled " an act regulating estrays and articles adrift," approved June 
16, 1852. 

Which was read a first time. 



339 

On motion, 
The report and bill were laid on the table. 

Message from the Senate by Mr. Whittlesey, their Secretary. 
Mil. Speaker : 

I am directed by the Senate to return to the House of Repre- 
sentatives Enrolled Joint Resolution of the Senate, No. 5. A Joint 
Resolution, instructing our Senators and requesting our Representa- 
tives in Congress to secure the passage of a law, placing certain per- 
sons therein named, upon the Pension Rolls. 

For the signature of the Speaker. 

BILLS INTRODUCED. 

By Mr. Cox, 

House bill No. 146. A bill to amend section third of an act enti- 
tled " an act for the regulation of weights and measures,"' approved 
June 9th, 1852. 

Which, 

On motion. 

Referred to the Committee on County and Township Business. 

By Mr. Miller, of Clinton, 

House bill No. 148. A bill to amend the twenty-second section of 
an act entitled *' an act defining misdemeanors, and prescribing pun- 
ishment therefor," approved June 14th, 1852. 

Which was read a first time, and, 
On motion. 

Referred to the Committee on County and Township Business. 

P>y Mr. Foulke, 

House bill No. 149. A bill to enable the Board of Directors of 
any Turnpike Company to change the time of holding the election of 
Directors. 

Which was read a first time, and, 
On motion. 

Referred to the Committee on Corporations. 

By Mr. Stringer, 

House bill No. 150. A bill prescribing the number of Senator."* 
and Representatives of the General Assembly of the State of Indi- 
ana. 

Which was read a first time, and, 
On motion. 

Referred to the Committee on the Judiciary. 



340 
By Mr. Kilgore, 

House bill No. 151. A bill to encourage the re-publication of 
Blackford's Reports, and appropriating money to pay for the same. 
Which was read a first time, and. 

On motion, 
Referred to the Committee on the Judiciary. 

By Mr. Humphreys, 

House bill No. 152. A bill to amend sections 82d, 83d, and 85th, 
of an act entitled " an act to provide for a general system of Com- 
mon Schools, the officers thereof, and their respective powers and 
duties, and matters properly connected therewith ; and to establish 
Township Libraries, and for the regulation thereof," approved March 
5th, 1855. 

Which was read a first time, and, 
On motion, 

Referred to the Committee on Education. 

Mr. Newcomb moved that Mr. Miller, of Tippecanoe, be added to 
the Committee on Elections. 
Which was agreed to. 

The Speaker announced that he had signed House Joint Resolution 
No. 5. 

SENATE BILLS ON THIRD READING. 

Senate Joint Resolution No. 10. A Joint Resolution relative to 
the establishment of a Bonded Tobacco Warehouse at Evansville. 
Was read a third time. 

The question being, shall the Joint Resolution pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Banta, Bird, Bonner, Boyd, Brown, 
Burnes, Burton, Buskirk, Chambers, Cook, Cox, Croan, Crook, Emer- 
son, Ferris, Foulke, Goodman, Glazebrook, Gregg, Gregory of War- 
ren, Hargrove, Harrison, Henricks, Hershey, Hogate, Hoover, Hum- 
phreys, Hunt, James, Johnson, Kilgore, Lee, Lemon, Lockhart, 
Lopp, Major, Meredith, Miller of Clinton, Miller of Tippecanoe, Mil- 
roy, Montgomery, McVey, Newcomb, O'Brien, Olleman, Osborn, 
Rhoads, Richards, Riford, Sabin, Sim, Spencer, Steward, Stivers, 
Stringer, Stuckey, Sullivan of Posey and Yanderburg, Trusler, 
Veach, Welch, White, Whiteside, Willis, Woodruff", Woods, Zeigler, 
and Mr. Speaker — 69. 



341 

Those who voted in ihe negative were, 
Messrs. Collins and Thatcher — 2. 

The question being, shall the title, as read, stand as the title of the 
Joint Resolution ? 
It was so ordered. 

So the Joint Resolution passed. 

Ordered, that the Clerk inform the Senate thereof. 

Mr. Grregg moved to suspend the order of business and take up 
Engrossed Senate bill No. 55. 
Which was agreed to. 

Engrossed Senate bill No. 55. A bill to fix the times of holding 
the Court of Common Pleas in the Fifth Judicial District, repealing 
all other laws on the same subject, and declaring when this act shall 
take effect. 

Was read a second time. ■ 

Mr. G-regg moved that it be deemed expedient to suspend the Con- 
stitutional Rule, requiring the reading of bills on three several days, 
and that Senate bill No. 55 be read a third time now. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Banta, Beckett, Bird, Boyd, Branham, 
Brown, Burnes, Burton, Buskirk, Chambers, Church, Collins, Cook, 
Cox, Croan, Crook, Dunham, Emerson, Ferris, Foulke, Goodman, 
Gregg, Gregory of Montgomery, Gregory of Warren, Hargrove. 
Harrison, Henricks, Hershey, Hogale, Humphreys, Johnson, Lemon, 
Lockhart, Major, Meredith, Miller of Clinton, Miller of Tippecanoe, 
Montgomery, McVey, Newcomb, O'Brien, Olleman, Osborn, Perigo, 
Richards, Richardson, Sabin, Shuey, Sim-, Spencer, Steward, Stivers, 
Stringer, Stuckey, Sullivan of Posey and Vanderburg, Thatcher, 
Trusler, Veach, Welch, White, Whiteside, Willis, Woodruff, Woods, 
Zeigler and Mr. Speaker — 68. 

Those who voted in the negative were, 
Messrs. Glazebrook, Hoover, Lee, Lopp and Milroy — 5. 

So it was deemed expedient to suspend the Constitutional rule, 
and Senate bill No. 55 was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Banta, Beckett, Bird, Bonner, Boyd, 



342 

Branliam, Brown, Burnes,^Burton, Buskirk, Chambers, Church, Col- 
lins, Colover, Cook, Cox,^Croan, Crook, Dunham, Emerson, Ferris, 
Foulke, Goodman, Glazebrook, Gregg, Gregory of Montgomery, Greg- 
ory of Warren, Hargrove Henricks, Hershey, Hogate, Hoover, Hum- 
phreys, Hunt, Johnson, Lemon, Lockhart, Lopp, Major, Meredith, 
Miller of Clinton, Miller of Tippec.anoe, Montgomery, McVey, New- 
comb, O'Brien, Osborn, Perigo, Rhoads, Richards, Richardson, Rif- 
ord, Sabin, Shuey, Spencer, Steward, Stivers, Stringer, Stuckey, Sul- 
livan of Posey and Vanderburg, Thatcher, Trusler, Veach, Welch. 
White, Whiteside, Willis, Woodruif, Woods, Zeigler and Mr. Speaker 
—74. 

Those who voted in the negative were, 

Messrs. Lee and Milroy — 2. 

The question being, shall the title as read, stand as the title of the 
bill? 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

Engrossed Senate bill No. 23. A bill to amend section number 
seventy-six of an act entitled " an act defining misdemeanors and 
prescribing punishment therefore," approved June 14th, 1852, was 
read a third time. 

The question being, shall the bill pass. 

Those who voted in the affirmative were, 

Messrs. Abbett, Banta, Beckett, Bonner, Boyd, Burnes, Chambers. 
Cook, Cox, Croan, Crook, Emerson, Ferris, Foulke, Goodman, Gregg, 
Gregory of Montgomery, Gregory of Warren, Hargrove, Henricks. 
Hershey, Hogate, Hoover, James, Johnson, Kilgore, Lockhart, Major, 
Meredith, Miller of Clinton, Miller of Tippecanoe, Milroy, Mont- 
gomery, McVey, O'Brien, Olleman, Perigo, Rhoads, Richardson, 
Riford, Shuey, Sim, Spencer, Steward, Stuckey, Sullivan of Posey 
and Vanderburg, Trusler, Veach, Welsh, Whiteside, Willis, Wood- 
ruff, Woods and Zeigler — 54. 

Those who voted in the nesrative were, 



o 



Messrs. Atkinson, Brown, Buskirk, Collins, Colover, Dunham, 
Glazebrook, Harrison, Hunt, Lee, Lemon, Lopp, Newcomb, Osborn, 
Richards, Stringer, Thatcher, White and Mr. Speaker — 19. 



843 

The question beingr, shall the title as read, stand as the title of the 
bill ? 

It was so ordered. 

So the bill passed. 

Ordered^ That the Clerk inform the Senate thereof. 

Senate bill No. 14. A bill to amend an act in relation to County 
Treasurers, approved June 4th, 1852, and declaring an emergency. 
Was taken up. 

Mr. Trusler moved to reconsider the vote by which the amendments 
heretofore reported by the Committee on the Judiciary, were adopted. 
Which- was agreed to. 

Mr. Trusler moved to amend, by inserting in the proper place, the 
following : " and all other officers and the sureties, whose bonds are 
required by law to be approved by the County Board, shall be done." 

Mr. Buskirk moved to recommit the bill to the Committee on the 
Judiciary, with the following instructions : 

" Amend so as to extend the provisions of the bill to all official 
bonds, and the bonds of administrators, executors and guardians, and 
all persons acting in a fiduciary capacity." 

Which was a£i;reed to. 

HOUSE BILLS ON SECOND READING. 

House bill No. 3, was read a second time, and. 

On motion, by Mr. Rhoads, 
Laid on the table. 

House bill No. 64, was read a second time, and passed to a third 
reading. 

House bill No. 67, was read a second time, and passed to a third 
reading. 

House bill No. 72. A bill to reimburse Samuel H. Patterson, late 
lessee of the Indiana State Prison, for money expended by him on 
account of work and labor rendered by sundry convicts during said 
Patterson's lease of said Prison, 

Was read a second time. 

Mr. Henricks moved to amend, by inserting in the bill at the pro- 
per place, the words " the additional sum of three hundred dollars, 
for attorneys' fees." 

Which was agreed to. 



344 

The bill was ordered engrossed, and passed to a third reading. 

House Joint Resolution No. 11, ^vas taken up, and read a second 
time. 

Said Joint Resolution was ordered to be engrossed, and passed to 
a third reading. 

House bill No. 19. A bill to amend an act entitled, an act in re- 
lation to -witnesses, and to repeal section 238 of article 13, of the act 
entitled, an act to revise, simplify, and abridge the rules, practice, 
pleadings, and forms in civil cases in the Courts of this State, to 
abolish distinct forms of action at law, and to provide for the admin- 
istration of justice in a uniform mode of pleading and practice, with- 
out distinction between law and equity, approved June 18th, 1852, 
and to repeal all laws inconsistent therewith, and providing Avhen the 
act shall take effect and be in force, which took effect and went into 
force March 17th, 1861. 

Was read a second time. 

Mr. Newcomb moved that it be deemed expedient to suspend the 
Constitutional rule, requiring bills to be read on three several days, 
and read the bill a third time now. 

The ayes and noes were taken under the Constitution. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Burnes, Buskirk, Cham- 
bers, Church, Cook, Cox, Crook, Dunham, Emerson, Ferris, Foulke. 
Goodman, (jregg, Gregory of Montgomery, Gregory of Warren, Har- 
rison, Henricks, Hershey, Hogate, James, Johnson, Kilgore, Lock- 
hart, Major, Meredith, Miller of Clinton, Miller of Tippecanoe. 
Montgomery, McVey, Newcomb, Olleman, Richardson, Riford, Sabin, 
Shuey, Sim, Steward, Stivers, Veach, Welch, White, Whiteside, 
Woodruff, Woods and Zeigler — 49. 

Those who voted in the neirative were. 



Messrs. Beckett, Bird, Burton, Collins, Colover, Croan, Glazebrook, 
Hargrove, Hoover, Humphreys, Hunt, Lee, Lemon, Lopp, Milroy, 
O'Brien, Osborn, Perigo, Richards, Spencer, Stringer, Stuckey and 
Thatcher— 23. 

So it was deemed expedient to suspend the Constitutional rule, and 
read House bill No. 19, a third time now. 

House bill No. 19 was read a third time, and the question being 
shall the bill pass ? 



Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Banta, Beckett, Bird, Bonner, Bovd, 
Branham, Burncs, Buskirk, Chambers, Church, Cook, Cox, Croan, 
Crook, Dunliam, Emerson, Ferris, Foulke, Goodman, Glazebrook, 
Gregg, Gregory of Montgomery, Gregory of Warren, Hargrove, Har- 
rison, HenrickS; Hershey, Hogate, Hoover, Humphreys, Hunt, James, 
Johnson, Kilgore, Lasselle, Lemon, Lockhart, Major, Meredith, Mil- 
ler of Clinton, Miller of Tippecanoe, Milroy, Montgomery, McVe}-, 
Newcomb, O'Brien, Olleman, Osborn, Perigo, Rhoads, llichards, 
Richardson, Riford, Sabin, Shuey, Sim, Spencer, Steward, Stivers, 
Stringer, Stuckey, Sullivan of Posey and Vanderbug, Thatcher, 
Trubler, Yeach, Welch, AYhite, Whiteside, Willis, Woodruff', Woods, 
Zoigler and Mr, Speaker — 75. 

Those who voted in the negative were, 

Messrs. Collins and Colover — 2. 

The question being, shall the title as reported, stand as the title of 
the bill? 

It was so agreed. 

So the bill passed. 

Ordered, '1 hat the Clerk inform the Senate thereof. 

Mr. Branham moved that when the House adjourn, it be till to 2 
o'clock, P. M. 

Which was agreed to. 

Mr. Rhoads moved that the House do now adjourn. 
Which w^as agreed to. 



2 o'clock, p. m. 

The House met. 

The Speaker ordered a call of the House, when the following 
members answered to their names. 

Messrs. Abbett, Banta, Bonner, Branham, Brown, Burner, Buskirk,. 



346 

Chambers, Church, Collins, Colover, Cook, Cox, Croan, Crook, Emer- 
son, Ferris, Foulke, Goodman, Glazebrook, Gregg, Gregory of Mont- 
gomery, Gregory of Warren, Harrison, Henricks, Hershey, Hogate, 
Hoover, Humphreys, Hunt, James, Johnson, Kilgore, Lee, Lemon, 
Lockhart, Lopp, Major, Meredith, Milroy, Montgomery, O'Brien, 
Osborn, Perigo, Rhoads, Richards, Richardson, Riford, Sabin, Shuey, 
Sim, Spencer, Steward, Stenger, Stivers, Stringer, Stuckey, Thatcher, 
Trusler, Veach, Welch, Whiteside, Willis, Woodruff, Woods, Wright, 
Zeigler and Mr. Speaker — 08. 

t 
The Committee on Elections obtained l-eav-e of absence for this 
afternoon. 

Messrs. Miller, of Clinton, and Brown, were granted leave of 
absence for this afternoon. 

The Speaker announced the following Select <"'ommittee on Secu- 
rities from Insurance Companies: 

Messrfs. Shuey, Chambers and Coffroth. 

The Speaker announced the following Special Committee of live on 
/ ^Statuary proposed by act of Congress : 

K^'Messrs. AVhiteside, Ho<2;ate, Brown, Rhoads and Emerson. 

HOUSE BILLS ON SECOND READING. 

House bill No. 29, was read a second time, ordered to be engrossed, 
and passed to a third reading. 

House bill No. 31, was read a second time, ordered to be engrossed, 
and passed to a third reading. 

House bill No. 32, was read a second time, ordered to bq, engrossed, 
ii.nd passed to a second reading. 

House bill No. 3i, was read a second time. 
The amendments heretofore reported were read. 

Mr. Buskirk moved to refer the bill and pending amendments to 
the Committee on the Judiciary. 
Which was agreed to. 

House bill No. 35, was read a second time. 

Mr. Dunham moved to lay the bill on the table. 
Which was not agreed to. 



347 

Mr. Buskirk offered the following amendment : 

Proviied, That any person now holding any of the offices herein- 
before stated, may be permitted to close up any litigated business 
that such person may nuw be employed in, but this shall not extend 
to ordinary probate business, and shall not permit such person to 
engage in any new business. 

Mr. Dunham offered the following amendment : 

Amend, so as to make it apply to officers of the court of which lie 
is an Oiticer, principal or deputy, or in any case appealed from the 
Court of which he is such officer. 

Mr. Buskirk offered the following further amendment : 

•• To enquire into the expediency of allowing such officers to prac- 
tice in other counties than the one in which they may hold their 
offices." 

Mr. Dunham moved to refer the bill and pending amendments t>> 
the Committee on the Judiciary. 
Which was agreed to. 

House bill No. 43, was read a second time, and ordered to be 
engrossed,, and pass to a third reading. 

House bill No. 49 was read a second time, ordered to be engrossed, 
and pass to a third reading. 

House bill No. 52 was read a second time, ordered to be engrosseu, 
and pass to a third reading. 

House bill No. 53 was read a second time. 

The amendments recommended by the Committee were read as 
follows : 

1st. By striking out all that part thereof that relates to section 
five of said act. 
Which, 

On motion, 
Was adopted. 

2d. And that that portion of said bill, which proposes to amen'l 
section fourteen, be amended by striking out the words *' two dollars 
and fifty cents," where the same occurs in said bill, and inserting the 
words "two dollars," in lieu thereof. 

Which was not adopted. 



348 

Mr. Sabin moved that the Trustees be allowed six cents mileage, 
going each way. 

Which was not asreed to. 

The bill was then ordered to be engrossed, and pass to a third 
reading. 

House bill No. 55 was read a second time, ordered to be engrossed, 
and pass to a third reading. 

House bill No. 57 was read a second time, ordered to be engrossed, 
and pass to a third reading. 

House bill No. 58 was read a second time, ordered to be engrossed, 
and passed to a third reading. 

House bill No. 59 was read a second time. 

Mr. Lockhart moved to refer the bill and amendments, heretofore 
reported, to the Committee on Railroads. 
Which was agreed to. 

Mr. Trusler, by unanimous consent, presented a petition from sun- 
dry citizens of Fayette county, on the subject proposed by said bill. 
Which, 

On motion, 
Was referred to the Committee on Railroads. 

House bill No. 62 was read a second time. 

Mr. Church offered the following amendment . 

Amend by inserting after "incorporated city,'"' the words, " incor- 
porated towns." 
Which, 

On motion. 
Was adopted. 

The bill, as amended, was then ordered to be engrossed, and pass 
to a third reading. 

House bill No. 68 was read a second time, ordered to be engrossed, 
and passed to a third reading. 

House bill No. 75 was read a second time, ordered to be engrossed, 
and passed to a third reading. 

House bill No. 78 was read a second time, and, 

On motion by Mr. Johnson, 
Was referred to the Committee on Rights and Privileges of the 
Inhabitants of the State. 



349 

House bill No. 79 was read a second time. 

The amendment reported by the Committee, namely : 

Amend by striking out all of section thirty-three, declaring' an 
emergency, &c., 

Was read, and on motion, adopted. 

The bill, as amended, was then ordered to be engrossed, and passed 
to a third reading. 

House bill No. 82 was read a second time, ordered to be engrossed 
and passed to a third reading. 

House bill No. 86 was read a second time. 

Mr. Woods offered the following amendment: 

Amend by inserting an additional section, as follows, to-wit : 

" Section — . It being necessary that the above work should be 
commenced and completed as soon as possible, it is therefore declared 
that an emergency exists, and this act shall take effect, and be in 
force from and after its passage.'' 

Which, 

On motion. 

Was adopted. 

The bill, as amended, was then ordered to be engrossed, and passed 
to a third reading. 

House bill No. 88 was read a second time, ordered to be engrossed, 
and passed to a third reading. 

House bill No. 89 was read a second time, ordered to be engrossed, 
and passed to a third reading. 

House bill No. 106 was read a second time, ordered to be engrossed, 
and passed to a third reading. 

House bill No. 107 was read a second time. 

Mr. Branham moved to refer the bill to the Committee on the 
Judiciary, and that two hundred copies be ordered to be printed. 
Which was agreed to. 

House bill No. 122 was read a second time, ordered to be engrossed, 
and passed to a third reading. 



350 

House bill No. 133 was read a second time. 

Mr. Branham moved to amend by inserting in the blank, where the 
same properly occurs, " six per cent, interest." 

Pending which, 

By unanimous consent, 

The bill was passed over informally till to-morrow. 

House bill No. 139 was read a first time. 

Mr. Dunham moved to refer the bill to the Committee on Rights 
and Privileges of the Inhabitants of the State. 

IMr. Gregory, of AVarren, moved to amend by referring it to the 
Committeo on Temperance. 

Mr. Buskirk moved to lay the bill on the table, informally, until 
the same had been printed, as heretofore ordered. 
Which was agreed to. 

The Speaker laid before the House the following report from the 
Chairman of the Committee on Engrossed Bills : 

Mr. Speaker: 

I am directed by the Committee on Engrossed Bills, to report to 
the House that they have examined engrossed House bills Nos. 61, 
<37 and 72, and engrossed Joint Resolution No. 11, and find the same 
properly engrossed. 

Which was. 
On motion, 

Laid on the table. 

Mr. Branham, by unanimous consent, introduced 

House bill No. 153. A bill ratifying the action of the Governor in 
procuring an advance of two hundred and fifty thousand dollars from 
the President of the United States, for the preparation of troops for 
the service of the United States, and for the defence of the State, and 
directing him to pay the unexpended balance thereof into the Treasury, 
and to account therefor, with the portion expended, to the President 
of the United States as an advance to the State. 

Which was read a first time, and, 
On motion by Mr. Branham, 

Was referred to the Committee on the Judiciary. 

On motion bv Mr. Burnes, 
The House adjourned. 



351 



TUESDAY MORNING, 9 o'clock, \ 
February [), 1865. | 

Tlie House met pursuant to adjourn merit. 

The Speaker ordered a call of the House, ^\hen the follo^infy 
members answered to their names : 

Messrs. Abbett, Atkinson, Banta, Bird, Bonner, Boyd, Brown, 
Burnes, Burton, Burwell, Busldrk, Chambers, Church, Collins, Colover, 
Cook, Cox, Croan, Crook, Emerson, Ferris, Foulke, Goodman, Glaze- 
brook, Gregg, Gregory of Montgomery, Gregory of "Warren, Griffith, 
Groves, Hargrove, Harrison, Hershey, Higgins, Hogate, Hoover, 
Howard, Humphreys, Hunt, James, Kilgore, Lee, Lemon, Lockhart, 
Lopp, Major, Meredith, Miller of Clinton, Miller of Tippecanoe, 
Montgomery, Newcomb, O'Brien, Olleman, Osborn, Perigo, Puett, 
Reece, Rhoads, Richards, Richardson, Riford, Sabin, Shuey, Sim. 
Spencer, Steward, Stringer, Stivers, Stenger, Stuckey, Sullivan of 
Scott, Sullivan of Posey and Yanderburg, Thatcher, Trusler, Upson. 
Veach, Welch, White, Whiteside, Willis, Woodruff, Woods, Wright, 
Zeigler and Mr. Speaker. — 83. 

The Clerk proceeded to read the Journal, when. 

On motion by Mr. Buskirk, 
The further reading thereof was dispensed with. 

PETITIONS, MEMORIALS, AND REMONSTRANCES. 

Bj Mr. Trusler, 

A memorial of James Herron, Secretarv of the "White Water Valley 
Canal Company, and 67 other citizens of Fayette county, praying for 
the passage of a law authorizing the construction of a Railroad on 
the line of the White Water Canal. 

Which, 

On motion. 

Was referred to the Committee on Railroads, 

By Mr. James, 

A petition ou the same subject. 
Which, 

On motion. 
Was referred to the Committee on Railroads. 



352 

By Mr. Sim, 

A petition from sundry citizens of Wayne county, on the same 
subject. 
V/hich, 

On motion, 
Was referred to the Committee on Railroads. 

By Mr. Wright, 

A petition from sundry citizens along White\Yater Valley, on the 
subject of the railroad proposed there. 
Which, 

On motion, 
Was referred to the Committee on Railroads. 

By Mr. Steward, 

A petition on the same subject, 
V\'hich, 

On motion, 
Was referred to the Committee on Railroads. 

By Mr. Stringer, 

A petition on the same subject. 
Which, 

On motion, 
Was referred to the Committee on Railroads. 

By Mr. Foulke, 

A petition on the same subject. 
Which, 

On motion. 
Was referred to the Committee on Railroads. 

By Mr. Willis, 

A petition on the same subject. 
Which, 

On motion. 
Was referred to the Committee on Railroads. 

By Mr. Bonner, 

A petition on the same subject. 
Which, 

On motion, 
Was referred to the Committee on Railroads. 



353 

By Mr. Kilgore, 

A petition on same subject. 
Which, 

On motion, 
Was referred to the Committee on Railroads. 

By Mr. Chambers, 

A petition on same subject. 
Which, 

On motion. 
Was referred to the Committee on Railroads-. 

By Mr. Wright, 

A petition on same subject. 
Which, 

On motion, 
Was referred to the Committee on Railroads, 

By Mr. Brown, 

A petition on same subject. 
Which, 

On motion. 
Was referred to the Committee on Railroads, 

By Mr. Ferris, 

A petition on same subject. 
Which, 

On motion. 
Was referred to the Committee on Raih'oads, 

By Mr. Gregory, 

A petition on same subject. 
Which, 

On motion, 
Was referred to the Committee on Railroads. 

By Mr. Woods, 

A claim of Aaron N. Hart. 
Which, 

On motion by Mr. Woods, 
Was referred to the Committee on Claims. 

H. J.— 23. 



354 

By Mr. Whiteside, 

The claim of Allen W. Smith, for damages done to fence, $40.00. 
Also, the claim of Norman Fletcher, for expenses of Post Com- 
mandant at Wabash, $12.00. 

Which, 

On motion, 

Was referred to the Committee on Claims. 

By Mt. Hargrove, 

A petition on behalf of the citizens of Gibson county, praying for 
an amendment to the State Constitution, and that our Representa- 
tives and Senators be requested to use their influence to have the 
3ame incorporated in the Constitution of the United States. 

Which, 

On motion by Mr. Hargrove, 

Was referred to the Special Committee on Constitutional Amend- 
ments. 

Message from the Senate, by Mr. Whittlesey, their Secretary, 
Mr. Speaker: 

I am directed by the Senate to return to the House, for your sig- 
nature, 

Enrolled Act No. 39, of the Senate. An act to amend an act enti- 
tled *' an act to amend section nineteen of an act to fix the time of 
bolding the Common Pleas Courts in the several counties of this 
State, the duration of the terms thereof, and making all process from 
the present Common Pleas Courts returnable to such terms, &c.,'' 
approved February 15thj 1861. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Gregory, of Warren, from the Committee on Education, made 
the following report: 

Mr. Speaker: 

The Committee on Education, to whom was referred House bill 
No. 152, offered by Mr. Humphreys, of Green County, to amend 
sections 82, 83 and 85, of the School Law, approved March 1855, 
beg leave to report that they have examined said bill and report that 
the School Law of 1855 was superceded by the School Law of 1861, 
that therefore said School Law of 1855 is not in foixe. "Sour Com- 
mittee however would further report that the matters asked to be 



355 

remedied in said bill No. 152 are receiving the due consideration of 
your said Committee, and their views on that subject will be pre- 
sented in a new School bill which will be presented to the House this 
week. They therefore recommend that no further action be had on 
said bill No. 152 for the present. 

Mr. Major, from the Committee on Fees and Salaries, made the 
following report: 

Mr. Speaker : , 

The Committee on Fees an Salaries, to whom was referred House 
bill No. 97, a bill relative to the fees and salaries of Judges of the 
Circuit Court and Judges of the Court of Common Pleas, and pro- 
viding the manner of paying the same, beg leave to report that they 
have had the same under consideration and are of the opinion that 
further legislation is inexpedient and would recommend that it do lie 
on the table. 

The report was concurred in and House bill No. 97 was laid on the 
table. 

Mr. Church, from a Select Committee, made the following major- 
ity report: 

Mr. Speaker: 

The Special Committee to whom was referred Senate bill No. 3, 
" a bill to legalize the issuing of Bonds by County Commissioners in 
certain cases," have had the same under consideration, a majority of 
whom have directed me to report the same back to the House, together 
with the amendments pending thereto, and recommend the adoption 
of the amendments offered by the Judiciary Committee, and when so 
amended recommend its passage. 

Which, 
On motion, 

Was laid on the table. 

Mr. Gregory, of Warren, from Select Committee, made the follow- 
ing minority report: 

Mr. Speaker: 

The minority of the Special Committee, to whom was referred Sen- 
ate bill No. 3, to legalize the acts of Boards of County Commission- 
ers and others for bonds issued and appropriations heretofore made 
for the support of war families, the raising of volunteers and paying 
for drafted men and substitutes, beg leave to report that they are not 



356 

in favor of tlie passage of the bill with amendments proposed by a 
majority of the Committee for the reason, among other things, that 
the passage of said bill with said amendments would be unequal in 
this : Persons living in townships exempted by the provisions of this 
bill, with the amendments, who have never paid anything for the 
raising of troops or support of war families, would be exempt from 
the payment of the taxes proposed by the bill and amendments. 
Again, in townships that were exempt from the last and present call 
for troops, on account of veteran soldiers and non-resident recruits, 
inadvertantly or otherwise, having their names placed as credits to 
said townships, by which at least a few of said townships will be 
exempt, during the present war, from a draft, without the payment of 
one cent of taxation. Your minority would report that they are in 
favor of a bill legalizing the acts of Boards of County Commissioners 
and other authorities, provided the same can be made as near equal 
and just as can be done. Your minority of the Committee recom- 
mend the following amendment to said bill : 

Amend section 2 of said bill as follows : 

Provided, That townships which have not been subject to draft or 
call for troops, at the present and last preceeding call, shall not be 
exempt from the payment of any tax to carry out the provisions of 
this bill. 

Which was laid on the table. I 

Mr. Newcomb, from the Committe on the Judiciary, made the fol» 
lowing report : 

Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No. 117? 
entitled, a bill to amend section 39, 42, 45 and 54, of an act entitled, 
*' an act for|the incorporation of Insurance Companies, defining their 
powers and prescribing their duties," approved June 17, 1852, respect- 
fully report back said bill to the House, and recommend its passage. 

Which, 

On motion, 

Was laid on the table. 

Mr. Newcomb, from the same Committee, made the following report: 
Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No. 
121, entitled, "A bill to cure defective acknowledgments of deeds in 
certain cases," respectfully report back said bill to the House, and re- 
commend its passage. 

Which was laid on the table. 



357 

Mr. Kilffore moved that the House do now adjourn. 

Which was not agreed to. 

The Speaker announced that he had signed House bill No. 39. 

On motion of Mr. Church, 

Resolved^ That the Committee of Ways and Means be instructed, 
to inquire what legislation, if any, is necessary, in order to have ap- 
praised, and assessed for taxation. Railroads, and especially such as 
are being constructed from time to time, so that they may be appraised 
as soon as constructed, and report by bill or otherwise. 

Mr. Brown moved that when the House adjourn, it meet again at 
2 o'clock this afternoon. 
Which was agreed to. 

BILLS INTRODUCED. 

By Mr. Olleman, 

House bill No. 154. A bill to amend the 7th section of an act 
entitled, " An act providing for the election of Clerks of the Circuit 
Court, and prescribing some of their duties," approved June 7th, 1852. 

Which was read a first time, and. 
On motion by Mr. Olleman, 

Referred to the Committee on Education. 

By Mr. Gregory of Montgomery, 

House bill No. 155. A bill apportioning the State into Districts 
for Senators and Representatives in the Oeneral Assembly. 
Which was read a first time, and. 

On motion, 
Referred to the Committee on the Judiciary. 

By Mr. Pettit, 

House bill No. 156. A bill imposing on Clerks of the several Cir- 
cuit Courts the duties of preparing applications for back pay, back 
pay and bounties, balances of bounty, half pay and pensions, creating 
^ State Agent for soldiers' claims, to represent the same, imposing on 
certain officers the duty of preparing and certifying documentary evi- 
dence in connection with such memorials, prescribing the duties of such 
officers, and imposing penalties for violating their duties. 

Which was read a first time, and. 
On motion. 

Referred to the Committee on Military Affairs, and 300 copies 
ordered to be printed. 



3^8 

Leave of absence was granted the Committee on Elections during 
the remainder of the day. 

By Mr. McVey, 

House Joint Resolution No. 15. A Joint Resolution asking that 
car soldiers in Rebel Prisons be speedily exchanged. 
Which was read a first time, and, 

On motion, 
Referred to "the Committee on the Judiciary. 

Mr. Whiteside oflfered the following resolution : 

Be it resolved by the House of Representatives of the State of In- 
diana, That the Committee on County and Township Business, be 
instructed to inquire into the expediency of repealing section 16 of 
the act of 1859, providing for the election of Supervisors. 

Which, 

On motion, 

Was adopted. 

By Mr. Thatcher, 

House bill No. 157» A bill to amend section twenty-one of an act 
entitled, '' an act regulating descents, and the apportionment of 
estates," approved May 14th, A. D., 1852. 

Which was read a first time, and. 

Referred to the Committee on the Judiciary. 

Mr. Milroy obtained leave, and presented 

A petition on behalf of the citizens af Carroll County, praying for 
the enactment of a law giving Boards of County Commissioners au- 
thority to appropriate money out of the County Treasury, issue their 
bonds, and levy a special tax for the purpose of raising troops under 
the call of the President. 

Which, 

On motion. 

Was referred to the Special Committee on Senate bill No. 5. 

Mr. Trusler moved to suspend the order of business, and take from 
the table House bill No. 94, and refer the same to the Committee on 
Military Affairs, without reading. 

Which was agreed to. 

The hour having arrived for the special order, namely, the consid- 
eration of House Joint Resolution No. 13, and the message from the 
Governor relating to the same subject, 



I 359 

On motion by Mr. Brown, 

The House resolved itself into a Committee of the Whole House, 
Mr. Henricks in the Chair. 

After remaining in session for some time, the Committee rose, and 
made the following report, through its Chairman. 

Mr. Speaker: 

The Committee of the Whole House have, according to order, had 
under consideration the Governor's Message and House Joint Reso- 
lution No. 13, and have made some progress therein, and direct me 
to ask leave of the House to sit again, at 2 o'clock, P. M. 

Which was agreed to. 

On motion bj Mr. Collins, 
The House adjourned. 



2 o'clock, p. M. 

The House met. 

The special order for the day was unanimously informally post- 
poned. 

Mr. Miller, by unanimous consent, introduced 

House bill No. 158. A bill to provide for the appraisement for 
taxation of the property of Railroad Companies within this State, 
prescribing the duties of officers in relation thereto, and repealing all 
laws in contravention thereof, or inconsistent therewith. 

Which was read a first time, and, 

On motion, 
Was referred to the Committee on Ways and Means, 

Unanimous consent was given Mr. Branham to introduce 

House bill No. 159. A bill to provide for the valuation and 
assessment of the real and personal property, the property of rail- 
road companies, and the collection of taxes in the State of Indiana, 



360 

for the appointment of appraisers of real estate, the appointment of 
Township Assessors, and prescribing the duties of appraisers of 
real estate, and assessors of personal property, County Treasurers 
and Auditors, and the Treasurer and Auditor of State, and defining 
the fees of County Auditors for making the duplicates, delinquent 
lists, Assessors' books, transferring real estate, for making tax title 
deeds, and for the execution of certificates to purchasers of lands 
and lots sold for taxes. 

Mr. Branham moved that it be deemed expedient to suspend the 
constitutional rule, requiring the reading of bills on three several 
days, and that House bill No. 159, be read a first time by its title. 



Those who voted in the affirmative were 



Messrs. Abbett, Atkinson, Banta, Branham, Burnes, Burwell, 
Buskirk, Chambers, Church, Collins, Cook, Cox, Croan, Crook, Emer- 
son, Ferris, Foulke, Goodman, Gregory of Warren, Groves, Har- 
grove, Harrison, Henricks, Hershey, Higgins, Hogate, Hoover, Hum- 
phreys, Hunt, James, Johnson, Kilgore, Lemon, Lopp, Major, Mer- 
edith, Miller of Clinton, Miller of Tippecanoe, Montgomery, O'Brien, 
Olleman, Osborn, Perigo, Puett, Reese, Bhoads, Richards, Richard- 
son, Riford, Roach, Sabin, Shuey, Sim, Spencer, Steward, Stenger, 
Stuckey, Sullivan of Scott, Sullivan of Posey and Vanderburg, 
Trusler, Upson, Welch, White, Whiteside, Willis, Woodrufi^, Wcods, 
Wright, Zeigler and Mr. Speaker — 70. 

Those who voted in the negative were, , 

Messrs. Bird, Colover, Glazebrook, Lee and Milroy — 5. 

So it was deemed expedient to suspend the constitutional rule^ 
and House bill No. 159 was read a first time by its title, and. 
On motion by Mr. Branham, 
Was referred to the Committee on Ways and Means. 

BILLS ON SECOND READING. 

Senate bill No. 12 was read a second time, and. 

On motion by Mr. Branham, 
Was referred to the Committee on the Judiciary. 
House bill No. 108 was taken up. 

On motion by Mr. Branham, 
The bill was passed over informally. 



361 

House bill No. 147 was read a second time. 

Ordered to be engrossed, and passed to a third reading. 

House bill No. 2 was taken up. 

The question being on the adoption of the first amendment, 

Mr. Newcomb moved to pass over the bill informally. 
Which was agreed to. 

The special order on adjournment being the consideration, in the 
Committee of the Whole, of the Governor's Message and Joint Res- 
olution No. 13, 

Mr. Buskirk called for the same, and the House resolved itself 
into Committee of the Whole, Mr. Henricks in the chair. 

After remaining in session some time, the Committee rose, and 
made the following report, through its chairman : 

Mr. Speaker: 

The Committee of the Whole House, to whom was referred the 
Governor's Message, and House Joint Resolution No. 18, have had 
the same under consideration, and instruct me to report progress, 
and asked leave to sit again at 10 o'clock to-morrow morning. 

Which was agreed to. 

On motion by Mr. Brown, 
The House adjourned. 



FRIDAY MORNING, 9 o'clock, "( 
February 10th, 1865. \ 



The House met pursuant to adjournment. 

The Clerk proceeded to read the journal, when, 

t)n motion, fey Mr. Brown, 
The further reading thereof was dispensed with. 



362 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Gregg, 

A petition from sundry citizens of Dearborn county, on the sub- 
ject of granting power to cities to levy taxes in certain cases. 
On motion, 

The petition was referred to the Committee on Corporations, with- 
out reading. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Higgins, from the Committee on Ways and Means, made the 
following report: • 

Mr. SpeakeS: 

The Committee on Ways and Means, to whom was referred House 
bill No. — , introduced by Mr. Whiteside, have examined the matter 
and would respectfully make the following report : 

Taking the laws of the session of 1861, as data, an average page 
of which will make about eight squares of newspaper column, and 
in the whole volume of 1861, will there be 2912 squares, which at 75 
cents per square, will cost in a single newspaper ^2,184 00 and esti- 
mating the number of papers in the State at eighty, which is below 
the number, will make the entire cost $174,720 00, provided the vol- 
ume should be as large as that of 1861, and they recommend that 
legislation upon it is inexpedient. 

Which, 

On motion. 

The recommendation of the report was concurred in. 

Mr. Kjlgore, Chairman of the Committee on Elections, made the 
following majority report : i 

Mr. Speaker: 

The Committee on Elections to which was referred the case of 
Higgins Lane and Ambrose D. Hamrick, contestants, against Austin 
M. Puett and Samuel Colover, contestees, wherein the contestants 
claim the seats now held by said contestees in this House as the Rep- 
representatives of Putnam County, have' had the matter under con- 
sideration and a majority of said Committee have instructed me to 
make the following report : 

The Committee find that according to the official returns of the 
election for Representatives in said County of Putnam, the candi- 
dates received respectively the following vote : 



363 

Austin M. Puett received twenty-one hundred and five votes 2106 

Samuel Colover received twenty-one hundred and twenty-four 

votes 2124 

Higgins Lane received twenty hundred and seventy-three votes. .2073 
Ambrose D. Hamrick received twenty hundred and sixty-two 

votes 2062 

Giving Austin M. Puett a majority over Higgins Lane of thirty-two 
votes, and a majority over Ambrose T). Hamrick of forty-three votes, 
and Samuel Colover a majority over Higgins Lane of fifty-one 
votes, and a majority over Ambrose D. Hamrick of sixty-two votes. 
The principal ground of contest is an alleged fraud in the manner of 
conducting the election in Cloverdale township in said county, wherein 
it is charged that the Inspector and other officers of said election 
were guilty of mal-cohduct, in abstracting, or permitting other per- 
sons to abstract from the ballot box, ballots cast in favor of said con- 
testants, and substituting therefor, an equal or greater number of 
tickets in favor of the contestees, whereby the contestees were caused 
to be declared elected, when the contestants had received a majority 
of the ballots legally cast in said county and should have been declared 
elected. 

According to the returns of said election for Cloverdale township, 
Mr. Puett received two hundred and seventy-seven votes, and Mr. 
Colover received two hundred and seventy-seven votes. Mr. Lane 
received sixty-one votes and Mr. Hamrick received sixty votes. The 
depositions of ninety-five electors w^ho voted at Cloverdale precinct 
were produced by the contestants, all of whom as is shown by said 
depositions, or by the depositions of others, voted for Higgins Lane 
and all but one of whom voted for Ambrose D. Hamrick. 

The evidence establishes, beyond doubt, that the ballot box was 
either opened by the officer who had charge of the same, or by some 
other person or persons, through his negligence or willful misconduct, 
and ballots cast for the contestants taken therefrom, and other tick- 
ets, having on them the names of the contestees, substituted there- 
for, at least to the extent of thirty-five in number ; all of which bal- 
lots, so abstracted, were cast for Higgins Lane, and all but one of 
which were cast in favor of Ambrose D. Hamrick, contrary to the 
usual custom in conducting the elections. In said township the bal- 
lots were not counted on the evening of the day of said election, but 
the counting was deferred, at the suggestion of one Davis, the Inspec- 
tor, until the next day, notwithstanding there was ample time to have 
counted the same on that day. The conduct of the Inspector, as 
shown by the depositions of witnesses, was such as to justify the 
conclusion that he committed the fraud, or designed that others might 
commit it. 

He disregarded the suggestion made by one of the Judges, that 
the key hole to the ballot box should be sealed on closing the election, 
stating that the law did not require it to be sealed. 

There are other reasons shown by the evidence for concluding that 



364 

the fraud alleged was perpetrated, but as the fraud is not controverted 
by the contestees, your Committee deem it unnecessary to specify 
them in this report. Allowing that the fraud was not more extensive 
than proven, it is sufficient to change the result, and to elect Mr. Lane 
by a majority of thirty-eight votes over Mr. Puett, and by a majority 
of nineteen votes over Coliver, and to elect Mr. Hamrick over Mr. 
Coliver by a majority of six votes, and over Mr. Puett by a majority 
of twenty-five votes. 

The contestees insist that the students attending Asbury Univer- ^ 
sity, at Greencastle, in said county, who voted for the contestants, 
eighteen in number, should be excluded in determining this contest ; 
but the Committee are of the opinion that their votes were properly 
received. It is contended by the contestees that several other illegal 
votes were cast for the contestants, which should be excluded ; sev- 
eral of which the Committee regarded as illegal, and rejected. 

After a careful investigation touching the illegal votes on either 
side, a majority of the Committee are of the opinion that Kiggins 
Lane was elected over Austin M. Puett by a majority of thirty-three 
votes, and that Ambrose D. Hamrick was elected over Samuel Coli- 
ver by a majority of one vote, even allowing that the fraud in Clover- 
dale Township was not more extensive than proven. 

But, inasmuch, as it is impossible to determine the actual number of 
votes abstracted, and the actual number of tickets substituted, and as 
it is highly probable that a greater number were abstracted, and a 
greater number substituted, than is shown by the proof; and as it is 
impossible to determine what was the will of the electors in said 
township, in consequence of such fraud, we have rejected the entire 
vote of said township in determining such contest. Wherefore, I am 
instructed to report the following resolutions, and to recommend their 
adoption: 

1. Resolved, That Higgins Lane was duly elected as one of the 
Representatives in the State Legislature for Putnam County, Indiana, 
on the 11th day of October, A. D., 1864, and by virtue of such 
election he is entitled to take his seat as such Representative in this 
House. 

2. Resolved, That Ambrose D. Hamrick was duly elected as one of 
the Representatives in the State Legislature for Putnam County, 
Indiana, on the 11th day of October, A. D., 1864, and by virtue of 
such election he is entitled to take his seat as such Representative in 
this House. 

8. Resolved, That Austin M. Puett, who now holds a seat in this 
House as one of the Representatives of Putnam County, Indiana, 
was not elected as such Representative, and is therefore not entitled 
to hold a seat in this House. 



365 

4. Resolved^ That Samuel Colover, who now holds a seat in this 
House as one of the Representatives of Putnam County, Indiana, wa& 
not elected as such Representative, and is therefore not entitled to 
hold a seat in this House. 

On motion by Mr. Branham, 
The report was made the special order of the day for to-morrow 
morning, at 10 o'clock. 

Message from the Senate, by Mr. Whittlesey, their Secretary : 

Mr. Speaker : 

I am directed by the Senate to inform the House of Representa- 
tives that the President has appointed, on the part of the Senate, 
Messrs. Beeson, Niles and Cobb, on the Joint Committee called for 
by a resolution of the Senate, on the subject of Insurance companies, 
and providing for the reference of all bills, on this subject, to said 
Committee. 

Message from the Senate by Mr. Whittlesey, their Secretary. 

Mr. Speaker : 

I am further directed by the Senate to return to the House of Rep- 
resentatives the following enrolled acts of the Senate, to-wit : 

Enrolled act No, 23. An act to amend section 76 of an act, 
entitled, " An Act defining misdemeanors and prescribing punish- 
ment therefor," approved June 14, 1852. 

Enrolled act No. 55. An act to fix the time of holding the Court 
of Common Pleas, in the 5th Judicial District, repealing all other 
laws on the same subject, and declaring when this act shall take 
eflfect. 

Also, Enrolled Joint Resolution No. 19, of the Senate. A Joint 
Resolution relative to the establishment of a bonded tobacco ware- 
house at Evansville, Ind. To which the signature of the Speaker is 
respectfully requested. 

Mr. Gregory, of Warren, from the Committee on Education, made 
the following report : 

Mr. Speaker : 

The Committee on Education, to whom was referred House bill No- 
119, offered by Mr. Rhoads, of Vermillion county, to establish and 
create a State Normal School, and matters connected therewith, beg 
leave to report that they have duly considered the same, and now 



sm 

report to the House that they believe that the establishment of such 
an institution for the education and preparation of teachers of Com- 
mon Schools, in our State, would be highly beneficial to the educa- 
tional interests of the State. We, your Committer, therefere recom- 
mend the passage of said bill. 

Which, 

On motion, 

Was laid on the table. 

Mr. Gregory, of Warren, from the Committee on Education, made 
the following report : 

Mr. Speaker: 

The Committee on Education, to whom was referred House bill No. 
154, offered by Mr. OUeman, of Johnson and Morgan counties, to 
amend section 7 of an act, entitled, " An Act providing for the elec- 
tion of Clerks of Circuit Courts, and prescribing some of their 
duties," approved January 7, 1852, beg leave to report that they 
have had said bill under consideration, and now report the same back 
to the House and recommend its passage. 

Which, 

On motion, 

Was laid on the table. 

Mr. Miller, from the Committee on Ways and Means, made the 
following report : 

Mr. Speaker : 

The Committee of Ways and Means, to whom was referred House 
bill No. 158, report that the bill be laid on the table and 500 copies 
ordered to be printed, and recommend its passage. 
I ; The report was concurred^in, and the bill laid on the table, and BOO 
copies ordered to be printed. 

Mr. Gregory, from the Committee on Education, made the follow- 
ing report : 

Mr. Speaker: 

The Committee on Education, to whom was referred Joint Resolu- 
tion No. 14, offered by Mr. Rice, of Parke county, in relation to the 
establishment of houses of refuge, for the conviction of juvenile 
offenders, &c., beg leave to report that they have had the same under 
consideration, and now report that Article IX., Section 2, of the Con- 
stitution provides that such houses should be established, that the 
same is highly approved of by the Committee, and they recommend 
the adoption of the Joint Resolution, with this amendment, " strike 



367 

out the last clause of said resolution, which asks for the appointment 
of commissioners to visit other States, and making an appropriation 
of a sum not exceeding fifteen hundred dollars, to defray the expenses 
of said commission. 

Which was laid on the table. 

Mr. Gregory, from the same Committee, made the following report : 
Mr. Speaker: 

The Committee on Education, to whom was referred House bill No. 
113, QJfered by Mr. ShoafF of Allen county, asking for a law amend- 
ing section 150 of the School law of 1855, so that other languages 
might be taught in the free Common Schools of the State, beg leave 
to report, that the Committee have maturely considered that matter, 
and they now report, that the act of 1855, in relation to Common 
Schools, was superceded by the School law of 1861 ; that the School 
law as it now is, on that subject, should not be amended. They, 
therefore, return said bill, and recommend that it do not pass. 

Which was concurred in. 

Mr. Gregory, from the same Committee, made the following report : 
Mr. Speaker: 

The Committee on Education, to whom was referred House Resolu- 
tion No. 12, offered by]Mr. Shoaff of Allen county, with accompanying 
instructions offered by Mr. Miller of Tippecanoe county, inquiring 
into the expediency of so amending the School law as to authorize 
the German language to be exclusively taught in certain Schools in 
the several Townships, Towns and Cities of this State, where a suifi- 
cient number of the inhabitants of any Township or City, entitled to 
the benefit of the present law, may desire it, beg leave to report, as 
they hav^ before reported, that further legislation on that subject is 
inexpedient. 

Which, 

On motion, 

Was laid on the table. 

The Speaker announced that he had signed Senate bill No. 23, 
Senate Joint Resolution No. 10, and Senate bill No. 55. 

Mr, Trusler, from the Committee on Military Affairs, made the 
following report : 

Mr. Speaker; 

The Committee on Military Affairs, to whom was referred House 
bill No. 156, enti,tled, " a bill imposing on Clerks of the several Circuit 



368 

Courts, the duty of preparing applications for back pay, back pay and 
bounties, balances of bounty, half pay and pensions — creating a State 
Agent for soldiers claims, and to represent the same — imposing on 
certain officers the duty of preparing and certifying documentary 
evidence in connection with such memorials, prescribing the duty of 
such officers, and imposing penalties for violating their duties," re- 
spectfully report back said bill, and recommend that section 11 be 
amended, by striking out said section, and substituting the following 
section : 

Any officer named in this act, who shall fail or refuse to comply 
with any of the provisions thereof, shall be liable upon his official 
bond, to the party or parties so agrieved to the amount of damages 
the said party or parties may have sustained, together with costs of 
suit, to be recovered as other actions of debt, in any Court having 
competent jurisdiction. 

Your Committee also recommend that the blank in line four, in 
section five, be filled by inserting twenty-five hundred, and that the 
following additional section be added to the bill : 

Sec. 12. That inasmuch as there is now no law regulating the 
practice in the cases embraced in this act, it is hereby declared that 
an emergency exists, and that the same shall take effect and be in 
force from and after its passage. 

When the bill is so amended, your Committee respectfully recom- 
mend its passage. 

Which, 

On motion. 
Was laid on the table. 

Mr. Major, from the Committee on Fees and Salaries, made the 
following report : 

Mr. Speaker: %: 

The Committee on Fees and Salaries, to whom was referred House 
bill No. 56, entitled, an act to repeal an act to ascertain the amount 
of the fees and salaries of the Clerks of the Supreme, Circuit, and 
Common Pleas Courts of this State ; of the Sheriff of the Supreme 
Court and of the various Counties of this State ; of County Auditors, 
Treasurers, and Recorders, of Circuit and Prosecuting Attorneys, 
and to provide punishment for a violation of its provisions, approved 
3d, 1861, beg leave to report, that they have had the same under 
consideration, and are of the opinion that the repeal of said act is 
inexpedient, and therefore recommend that said bill do lie on the 
table. 

Which, 
On motion, 

Was concurred in. 



369 

Mr. Barnes, from the Committee on Engrossed Bills, made the 
following report : 

Mr. Speaker: 

The Committee on Engrossed Bill have carefully examined and 
compared House bills Nos. 32, 52, 55, 49, 57, 58 and 86, with the 
original bills, and find that the same are, in all respects, accuratelj 
and correctly engrossed. 

Which, 

On motion. 

Was laid on the table. 

Mr. Stewart, from the Committee on Engrossed Bills, made the 
following report : 

Mr. Speaker: • • 

The Committee on Engrossed Bills have carefully examined House 
bills Nos. 43, 89 and 122, and direct me to report that they are cor- 
rectly engrossed. 

Which, 

On motion, 

Was laid on the table. 

The hour having arrived for the special order, namely : The con- 
sideration of House Joint Resolution No. 13, and the Message from 
the Governor, relating to the same subject, 

On motion by Mr. Branham, 

The House resolved itself into a Committee of the Whole House^ 
with Mr. Henricks in the chair. 

After remaining in session for some time, the Committee rose, and 
made the following report, through its chairman : 

Mr. Speaker : 

The Committee of the Whole House have, according to order, bad 
under consideration House Joint Resolution No. 13, and the Message 
from the Governor, relative to the same subject, and have made some 
progress therein, a,nd direct me to report the same back to the House 
for its action. 

Which, 
On motion, 

Was concurred in. 

H. J.— 24 



S7a 

On motion by BIr. Branham, 

House Joint Resolution No. 13, was read a second time. 

On motion by Mr. Branham. 

The House resolved itself inta a Committee of the Whole House^ 
with Mr. Henricks in the chair. 

After remaining in session for some time, the Committee rose, and 
made the following report, through its chairman : 

Mr. Speaker : 

The Committee of the Whole House, to whom was referred Joint 
Resolution No. 13, and the Message from the Governor, relative to 
the same subject, have, according to order, had the same under con- 
sideration, and have made some progress therein, and direct me ta 
ask leave of the house to sit again at 2 o'clock this afternoon. 

Which, 
On motion, 

Was concurred in. 

Message from the Senate, by Mr. Whittlesey, their Secretary : 

Mr. Speaker : 

I am directed by the Senate to inform the House of Representa- 
tives that the Senate has concurred in the amendments of the House 
to Senate bill No 1. A bill appropriating seventy-five thousand 
dollars for the expenses of the present session of the General 
Assembly, and providing the manner of the payment of the members 
and ofi&cers and their assistants and appointees of the Senate and 
House of Representatives. 

Mr. Brown moved that when the House adjourn, it meet again at 
2 o^clock this afternoon. 
Which was agreed to. 

On motion by Mr. Burnes, 

The House adjourned. 



371 



2 o'clock, p. m. 

The House met. 

Message from the Senate, by Mr. Whittlesey, their Secretary: 

Mr. Speaker : 

I am directed by the Senate to return to the House of Representa- 
tives, for your signature. Enrolled act of the Senate No. 1 — "An ace 
making specific appropriations from the State treasury." 

I am also directed to inform the House of Representatives that 
the Senate has passed the followin^engrossed bills thereof, to-wit: 

Engrossed bill No. 41. An act appointing Commissioners to sell 
certain real estate therein named, to provide a residence for the 
Governor of the State, and to make him an allowance in lieu thereof 
until the same is provided, and matters properly connected there- 
with. 

Engrossed Senate bill No. 128. An act making appropriation for 
the payment of interest on the State University Bonds for the years 
1863 and 1864. 

In which the concurrence of the House is respectfully requested. 

The Speaker announced that he had signed Senate bill No. 1. 

On motion by Mr. Branham, 

The House resolved itself into a Committee of the Whole, with 
House Joint Resolution No. 13, together with the Governor's Mes- 
sage, under consideration, Mr. Henricks in the chair. 

After remaining in session some time, the Committee rose, and 
made the following report by their Chairman : 

Mr. Speaker: 

The Committee of the Whole House, to whom was referred House 
Joint Resolution No. 13, with Governor's Message, have had the 
same under consideration, and have directed me to report that it has 
made some progress and ask leave to sit again ^hia evening at 7 
o'clock P. M. 

Which was granted by the House. 



372 

Mr. Trusler moved that Mr. Foulke be added to the Committee on 
Military Affairs, in place of Mr. Prather, who is absent on account 
of sickness. 

Which was agreed to. 

Mr. Rhoads moved that when the House adjourn, it be till 7 o'clock 
this evening. 

Which was agreed to. 

Leave of absence was granted to Mr. Richards for an indefinate 
period of time, on account of sickness in his family. 

Mr. Beckett was granted leave of absence till Thursday next. 

Mr. Trussler moved that the Committee on Military Affairs be 
authorized to employ a clerk from its organization. 
Which was agreed to. 

On motion, by Mr. Montgomery, 

The House adjourned. 



7 o'clock, p. m. 
The House met. 

On motion, by Mr. Buskirk, 

The House resolved itself into Committee of the Whole, with 
House Joint Resolution No. 13, with Governor's Message under con- 
sideration. 

Mr. Henricks in the Chair, 

After remaining in session for a while the Committee rose and 
made the following report through its Chairman : 

Mr. Speaker: 

The Committee of the Whole House, to whom was referred House 
Joint Resolution No. 13, with the Governor's Message, have had the 
same under consideration, and have directed me to report the same 
back to the House. 

Which was agreed to. ' 



373 

Mr. Brown moved that when the House adjourn it be till 9 o'clock 
to-morrow morning. 
Which was agreed to. 

Mr. Brown moved that the House do now adjourn.. 
Which was agreed to* 



SATURDAY MORNING, 9 o'clock, \ 
February 11, 1865. J 

House met pursuant to adjournment. 

The Clerk proceeded to read the journal, when, 
On motion by Mr. Brown, 

The further reading thereof, was dispensed with. 

PETITIONS, MEMORIALS, AND REMONSTRANCES. 

By Mr. Sim, 

A Remonstrance from sundry citizens of Union county, against 
the diverson of the White Water Canal from its present uses. 
Which, 

On motion, 
Was referred to the Committee on Raih'oads. 

By Mr. Sabin, 

A remonstrance on the same subject. 
Which, 

On motion. 
Was referred the Committee on Railroads. 

By Mr. Lockhart, 

A Remonstrance from sundry citizens of Union county, on the 
same subject. 
Which, 

On motion, 
Was referred to the Committee on Railroads. 



374 

By Mr. Chambers, 

A Remonstrance from sundry citizens of Union county on the 
same subject. 
Which, 

On motion, 
Was referred to the Committee on Railroads. 

By Mr. Gregory, of Warren, 

A Petition from sundry citizens of the State of Indiana, praying 
for the maintainance of the hydraulic power of the W^hite Water 
Canal on a sure and permanent basis. 

Which, 

On motion, 

Was referred to the Committee on Railroads. 

By Mr. Trusler, 

A remonstrance from sundry citizens of Fayette county, on the 
same subject. 
Which, 

On motion, 
Was referred to the Committee on Railroads. 

By Mr. Willis, 

A remonstrance from sundry citizens of Rush county, on the same 
subject. 
Which, 

On motion, 
Was referred to the Committee on Railroads. 

By Mr. Miller, of Tippecanoe, 

A remonstrance from sundry citizens of Fayette county, on the 

same subject. 

Which, 

On motion, 

Was referred to the Committee on Railroads. 

B 
By Mr. Henricks, 

A petition praying for the enactment of a law authorizing the pub- 
lication of such transactions of the State Agricultural Society as the 
Board of that Society shall order, at a cost not exceeding fifty cents 
per volume. 

Which, 

• On motion. 

Was referred to the Committee on Agriculture. 



i 



575 
By Mr. Branham, 

A petition praying for the passage of a law prohibiting the owners 
4)f domestic animals from suffering them to run at large within a dis- 
tance of three to five miles of any main railroad track, now or here- 
4jfter to be opened within the bounds of this State. 

Which, 

On motion, 

Was referred to the Committee on Rights and Privileges of the 
Inhabitants of the State. 

By Mr. Branham, 

A petition of E. P. Rawlings, asking relief for loss of property 
sustained in the burning of the Indiana State Prison. 
Which, 

On motion, 
Was referred to the Committee on Claims. 

By Mi*. Gregg, 

A petition from sundry soldiers of Indiana regiments, praying tliat 
certain lands granted to the State of Indiana *' for the endowment and 
support of a College," be applied to the founding and support of a 
Home Gr Homes for disabled soldiers and seamen, or the education of 
their orphan children. 

Which, 

On motion. 

Was referred to the Committee on Education. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Branham, from the Committee on Ways and Means, made the. 
following report : 

Mr. Speaker: 

The Joint Committee, appointed by the Senate and House of Rep- 
resentatives, for the purpose of examining the vouchers in relation 
to the receipts and expenditures of money by the Governor, have 
discharged that duty, and beg leave to report that they find the books 
and vouchers all proper and correct, and that there has been great 
care in the disbursements of the funds borrowed and received to carry 
on the State Government, and in protecting the public interest. 

We find the Governor chargeable with one million twenty-six thou- 
sand three hundred and twenty-one dollars and thirty-one cents, 
received from various sources. He has disbursed, as shown by the 
proper vouchers on file, nine hundred and two thousand and sixty- 
five dollars and eight cents, leaving a balance now in his hands of 



37a 

one hundred and twenty-four thousand two hundred and sizty-five 
■ dollars and twenty-three cents, which is on deposit in bank, as shown 
by certificates of deposit. 

The following statement of the account i^ a full exhibit of all the 
financial transactions of the Governor : 

RECEIPTS. 

On Account of Loans from Counties, Individuals, ^e. 

From Decatur county, June 13, 18C3 .,„ ^ $7,000 00 

From Tippecanoe county, June 15, 1863 5,060 00 

From Marion county, June 15, 1863. « „ „ $10,000 00 

yrom Marion county, February 1, 1864 ^ 10,000 00 

20,000 00 

From Vermillion county, June 18, 1863 ^ ^ 2,500 00 

From Hendricks county, June 19, 1863 _., S6,f50 00 

From Hendricks county, July 15, 1863 3,450 00 

10,000 GO 

From Henry county, June 23, 1863 ^ 6,000 00 

From Lake county. June 23, 1863 1,000 00 

From Parke county, June 23, 1863 2,000 00 

From Fayette county, June 24. 1863 5,000 00 

From Lagrange county, June 27, 1863 4,000 00 

From Wabash county, June 29, 1863 10,000 00 

From William S. Reed, and others, citizens of Wayne county, August 3, 1863... 20,000 00 

From Delaware county, August 5, 1863 .'. 5,009 00 

From Warren county, August 24, 1863 2,500 00 

From Boone county, September 25, 1863 $1,200 00 

From Boone county, January 14, 1864 3,800 00 

5,000 00 

From Hamilton county, January 27, 1864 „ 2,000 00 

From Terre Haute and Richmond R. R. Co., October 30, 1863 15,000 00 

From W, R. McKeen, January 19, 1864 10,000 00 

From St. Joseph county, February 5, 1864 3,000 00 

$135,000 00 

On Account of Advancement hy United States. 

From Treasurer United States, for military purposes „ $250,000 00 

On Account of Temporary Advancement. 

From 0. P. Morton, June 14, 1864, for military purposes „ „ $1,483 00 

On Account of Indiana Arsenal. *• 

From Treasurer United States, two drafts, April 18, 1863, for ammunition, Ac. $72,329 34 
From Treasurer United States, one draft, June 29> 1863, for ammunition, &c... 17,928 98 
From Treasurer United States, one draft, July 11, 1863, for ammunition, &c.... 47,594 .30 
From Treasurer United States, one draft, August 12, 1863, for ammunition, &c. 38,o48 76 
From Treasurer United States, one draft, Sept. 30, 1863, for ammunition, Ac... 53,971 55 
From Treasurer United States, one draft, Xot. 13, 1863, for ammunition, &c.... 41,361 88 
From Treasurer United States, one draft, April 22. 1864, for ammunition, &c... 50,217 17 
From Treasurer United States, one draft. April 29, 1854, for ammunition, &c... 16,933 39 

From Military Auditing Committee, April 18, 1864, buildings sold 1,108 80 

From T. A. Lewis, June 14, 1864, refunded for over draft. 4 25 



$3.39;998 92 



On Account of Indiana Militia. 

From Treasurer United States, Feb. 1, 1864, on State Paymaster's Touchers $32,000 00 

From Treasurer United States, April 22, 1864, on State Paymaster's Toucheri.. 47,355 62 
From Treasurer United States, June 14, 1864, on State Paymaster's vouchers... 27,404 56 
From Treasurer United States, June 26, 1864, on State Paymaster's vouchers... 64,352 26 
From Treasurer United States, June 26, 1804, on State Paymaster's vouchers... 13,273 82 
From Treasurer United States, August 2, 1864, on State Paymaster's vouchers. 3,026 79 
From Major Stearns Fisher, State Paymaster, refunded November 5, 1863 50,000 00 



$237,413 06^ 



377 

On Account of 3Iilitary Contingent Fund, • 

From A. Stone, QuarterniiiHtiT General, on Steamboat account, July 22, 18C3.. $2,724 5f> 

From James Thompson, Indiana Military Agent, refunded, August 12, 186.'i 100 (K) 

From Jame8 Thompson, Indiana Military Agent, refunded, October 7, 1863 35 (K> 

From Jason Ham, Indiana Military Agent , refunded, October 7, 1SG3 200 OO 

From Treasurer United State.s, Stcamtoat account, April 18, 1804 2,051 50 

From sale United States Certificates of Indebtedness of $4,000, on Steamboat 

account, April 18, 1864, proceeds 3,934 07 

From J. W. Montfort, Indiana Military Agent, stores for prisoners of war sold 

July 2f>, 18f)4 1,3:!9 90 

From the United States per W. H. H. TerreH, special prejniums refunded Sep- 
tember 8, 1SG4 49,740 00 

60J24 or 

On Account of Army Supplier. 

From Major Stevenson, Paymaster United States, on account of Captain Patton'a Com- 
pany, third Indiana Cavalry, equipments furnished by State Quartermaster General, 
August 14, 1803 1,150 51 

On Account of Donation. 

From Jacob Hannon, donated for Benevolent Institutions, April 21, 1863 50 00 

On Account of Northern Indiana Prison. 

From D G. Rose, United States Marshal, keeping United States convicts, July 2fl, 186i... 500 %T 

Total receipts 51,020,321 31- 

DISBURSEMENTS. 

On Account of Benevolent Institutions. 

For Hospital for the Insane, supplies and expenses $81,080 89 

For Institute for the Blind, supplies and expesnes 42,491 73 

For Asylum for the Deaf and Dumb, supplies and expenses 26,464 60 

$150,637 22. 

On Account of State Prisons. 

For Northern Prison, supplies and expenses - $34,590 19 

For Northern Prison, on old indebtedness 1,250 00 

For Southern Prison, supplies 4,000 00 



38,840 19- 



On Account of Superintendent of Public Instruction. 

For ofBce and traveling expenses ^ 1,552 64 

On Account of Civil Contingencies. 

For sundry expynses, civil business 3,731 88 

On Account of Temporary Advancement. 

tfor amount repaid 0. P. Morton, December 31, 18ti4, for money advanced 1,483 00 

On Account of Interest on Loans. 

For one year's interest, in advance, on Citizgns' Wayne County Loan, at 6 per 
cent., August 3, 1863 $1,200 00 

For one vear's interest, in advance, on Citizens' Wayne County Loan, at 6 per 
cant., July 28, 1864 1,200 00 



2,400 00 
I 



378 
On Account of Indiana Arsenal. 

SPor supplies, labor, &c., per vouchers filed $181,389 33 

For amount refunded M. L. Brett, Treasurer of State, June 17, ISG-l, for mo- 
neys drawn from State Treasury on account of A.reenal 87,229 58 



268,618 01 



On Account of Indiana Militia. 



For amount advanced Major Stearns Fisher, Stale Paymaster, Oct. 19, 18G3....S50,0f (»() 

¥ov amount advanced Major Stearns Fisher, State Paymaster, Dec. 8, 1863 50,001) 00 

For amount advanced Major Stearns Fisher, State Paymaster, Jan. 8, 18U3 71,3G8 88 

^"or amount refunded M. L. Brett, Treasurer of State, August 10, 1864, for 
moneys drawn by State Payiuaeter from State Treasury ^ 75,000 00 



246,361 86 



On Account of Military Contingent. 



For special premiums, 11,971 recruits, $6 each §79,746 00 

For steamboat, relief of sick and wounded 29,512 43 

For special surgeons to army and hospitals 15,055 42 

For supplies of Indiana prisoners of war „ 5,639 01 

For recruiting services and expenses, raising troops 9,371 54 

For miscellaneous military expenses. 10,390 92 

For advanced Brig. Gen. Carrington, commanding District of Indiana, for mil- 

itarj' purposes, August 4, 1864, to be paid by the United States 1,000 CO 

For advanced to Major Gen. Hovey, commanding District of Indiana, for mili- 
tary purposes, November 1, 1864, to be refunded by United States. 5^000 00 

For military telegraphing 2,037 05 

For Indiana military agencies ^ 4,139 51 

For military services .„. 3,813 58 

For refreshments, &c., for returning veteran volunteers at Jeffersonville 3,537 30 



160,242 76 



On Account of Indiana Armory. 

For equipments, materials, repairs of arms, expenses of ordnance ofBce, &c,, ...> 23,730 29 

On Account of Allotment Commissioner. 

For salary and expenses, allotment commissioner, collecting aad transmitting pay of In- 
diana soldiers 1,204 SI 

On Account of Ordnance Office. 

iSTor clerk hire and expenses adjusting accounts for the army, for the State, and for Indi- 
ana Tolunteer officers, with United State* 1,106 00 

On Account of Soldiers' National Cemetery. 

For first installment of 25 per ceot. on amount -aseessed against the State for purchase of 

grounds, re-interring Indiana soldiers, Gettysburgh, Pa 1,166 00- 

Total disbursements , §902,065 08 

Cash in bank 124,266 33 

§1,026,321 31 

RECAPITULATION. 

From the foregoing data, the following statement of the Gover- 
nor's account with the State, as it stands at this time, is made : 



379 

Governor 0. P. Morton^ in Account with the State of Indiana^ 

DEBIT, 

For casli, advanced by the United States $250,000 00 

For cash, raised on loans from counties, &c 135,000 00 

For cash, profits of Arsenal 71,380 01 

For cash, from 3rd Ind. Vol. Cavalry 1,150 50 

Total ^457,530 51 

CREDIT (as per VOUCHERS.) 

By amount due from State Paymaster $8,948 83 

Due from United States on account of x\rmory 23,730 29 

Due from U. S. on account of Ordnance Officer 1,106 00 

Due from U. S. on account of Military Contingent 99,517 79 

Total Military Vouchers unadjusted $133,302 91 

Benevolent Institutions ^'^qc'qqq 09 

Northern Prison ^.'^a^ nn 

Southern Prison 4,000 00 

Civil Contingent... ^J^l «« 

Interest on Loans payable to counties ^,4UU uu 

Superintendent Public Instruction.... 1,55-, 64 

Allotment Commissioner 1'??^ nn 

Soldiers' National Cemetery... Ijl^o 00 

Total charged to State proper $199,971 37 

Balance cash on hand.. • 124,256 l3 

Total $457,530 51 

The two hundred and fifty thousand dollars, money furnished the 
Governor by the General Government, as a disbursing ofiicer, is not 
wholly provided for; and, also, the one hundred and thirty-five thou- 
sand dollars due to counties and corporations, borrowed for the pur- 
pose of carrying on the Benevolent Institutions, &c. 

There is due from the General Government to the State, as shown 
by the proper vouchers on file, one hundred and thirty-three thousand 
three hundred and two dollars and ninety-one cents, which, with the 
balance of cash now on hand, would overpay the amount due the 
General Government. This would leave the amount used for carry- 
ing on on the Benevolent Institutions unprovided for, but this Com- 
mittee would make the following recommendation: That the two 
hundred and fifty thousand dollars received from the General Gov- 
ernment, be assumed by the State and the amount placed to the credit 
of the General Government, and any claims the State has or may 



380 

have, in the future, will be a legal off-set against this amount, and 
that the one hundred and thirty-five thousand dollars, borrowed from 
counties, corporations and individuals, be paid out of the Treasury 
of the State, including interest at the rate of six per cent, per 
annum, from the date of receipt to date of repayment of the same ; 
that the amount of one hundred and twenty-four thousand, two hun- 
dred and sixty-five dollars and twenty-four cents, now in the hands of 
the Governor, be paid over to the Treasurer of State, to be placed to 
the credit of the general fund. We further recommend that all 
books, vouchers and claims be handed over, by the Governor, to the 
Auditor of State for preservation and reference, as to the finances of 
the State, so far as carried on by the Governor, and that the same 
be recognized as the act of the State, and that the State relieve the 
Governor from any further liability, after paying over the funds now 
in his hands. 

The Committee can not complete this report without expressing 
their entire satisfaction of the manner and ability with which this 
department has been conducted under the control of the Financial 
Secretary, Col. W. H. H. Terrell. The system of vouchers adopted 
by him for the expenditures of the Benevolent Institutions, prisons, 
&c., are more full and complete than they have ever before been, and 
we respectfully recommend that these Institutions be required to 
use the same forms in future. 

By request of the Governor, the Committee have inquired of the 
banks where the Governor kept the deposits of the State, and find 
that the interest on the deposits has not been allowed or paid to him, 
either directly or indirectly. 

C. W. CHAPMAN, ^ 
OTHNIEL BEESON, 

W. W. HIGGINS, } Committee. 

D. C. BRANHAM, | 
ROBERT BOYD. J 

Mr. Branham moved that the report be laid on the table, and that 
five hundred copies be ordered to be printed for the use of the House 
and Senate ; three hundred for the House, two hundred for the 
Senate. 

Which was agreed to. 

Massage from the Senate, by Mr. Whittlesey, their Secretary.-, 

Mr. Speaker : 

I am directed by the Senate to inform the House of Representa- 
tives that the Senate has passed engrossed Senate bill No. 100. A 
bill fixing the compensation of Township Assessors. 

Also, engrossed Joint Resolution No. 16, of the Senate. A Joint 
Resolution accepting and ratifying certain amendments to the Con- 



381 

stitution of the United States, proposed by Congress to the Legisla- 
tures of the several States, in which the concurrence of the House is 
respectfully requested. 

Mr. Church, Chairman of the Committee on Swamp Lands, made 
:he following report : 

Mr. Speaker: 

The undersigned, a majority of the Committee on Swamp Lands, 
to whom was referred House bill No, 126, a bill to amend section 5 
^f an act, entitled, " An Act to authorize the construction of levees 
ind drains," approved June 12, 1852, have had the same under con- 
sideration, and report the same back to the House and recommend 
its passage. 

Which was laid on the table. , 

Mr. Branham, by unanimous consent, introduced 

House bill No. 160. A bill to raise revenue for State purposes for 
the years one thousand eight hundred and sixty-five, and one thous- 
and eight hundred and sixty-six. 

Which was read a first time. 

Mr. Branham moved to refer the bill to the Committee of the 
Whole House, and made the special order for the day on Monday 
next at 2J o'clock P. M. 

Which was agreed to. 

Mr. Atkinson, from the Comiaittee on County and Township Busi- 
ness, made the following report : / 

Mr. Speaker: 

We, the Committee to whom was referred House bill No. 128, have 
had the same under consideration, and came to a unanimous conclu- 
sion that any legislation on said bill is inexpedient at this time, and 
we recommend it to be laid on the table. I am so instructed to re- 
port. 

Which was laid on the table. 

Mr. Miller, of Clinton, from the Committee on County and Town- 
ship Business, made the following report : 

Mr. Speaker : 

The Committee on County and Township Business, to whom was 
referred House bill No. 146, a bill to amend the third section of an 
act for the regulation of weights and measures, approved June 9th, 



382 

1852, have had the same under consideration, and are of opinion that 
the change contemplated by said bill is inexpedient, and have in- 
structed me to report the same back to the House, and recommend 
that it lie on the table. 
Which, 

On motion, was concurred in. 

Mr. Stivers, from the Committee on County and Township Busi- 
ness, made the following report : 

Mr. Speaker: 

The Committee on County and Township Business, to whom was 
referred House bill No. 125, introduced by Mr. McVey, entitled " an 
act to amend sections one and two of an act entitled ' an act to pro- 
vide for the re-location of county seats, and for the erection of public 
buildings in counties in case of such re-location,' " approved Slarch 
2. 1855, have had the same under consideration, and instruct me to 
report that, in their opinion, the amendments proposed in said bill are 
expedient and proper, and they recommend the passage of the bill. 

Which, 

On motion, 

Was laid on the table. 

Mr. Banta, from the Committee on County and Township Business, 
made the following report : 

Mr. Speaker: 

The Committee on County and Township Business, to whom was 
referred House bill No. 148, introduced by Mr. Miller, of Clinton, 
entitled " an act to amend the twenty-second section of an act defin- i 
ing misdemeanors, and prescribing punishment therefor," have had 
the same under consideration, and have instructed me to report the 
same back, with the recommendation for its passage without amend- 
ment. 

Which was laid on the table. 
* 

BILLS INTRODUCED. 

By Mr. Burns, 

House bill No. 161. A bill to amend section ten of an act entitled 
'^ an act regulating the fees of officers, and repealing former acts in 
relation thereto," approved March 2, 1855. 

Which was read a first time, and. 
On motion. 

Referred to the Committee on County and Township Business. 



383 

By Mr. Howard, 

House bill No. 162. A bill supplemental to an act entitled " an 
act to establish and regulate ferries,"' approved June 17, 1852. 
Which was read a first time, and 
Referred to the Committee on the Judiciary. 

Mr. Griffith introduced 

House bill No. 163. A bill creating the 14th Judicial Circuit, an(i 
fixing the time of holding courts therein. 

Which was read a first time, and passed to a second reading. 

By Mr. Collover, 

House bill No. 164. A bill to provide for locating and working 
highways, situated upon, contiguous to, or near by, county lines. 
Which was read a first time, and, 

On motion. 
Referred to the Committee on County and Township Business. 

Mr. Miller, of Tippecanoe, offered the following resolution : 

Resolved^ That eight thousand additional copies of the Sanitary 
Report be printed for the use of the Sanitary Commission. 
Which was agreed to. 

Message from the Senate by Mr. Whittlesey, their Secretary. 

Mr. Speaker: 

I am directed by the Senate to inform the House of Representa- 
tives that the Senate has passed the following engrossed bill thereof, 
to-wit : 

Engrossed Senate bill No. 68. An act to change the name of the 
Terre Haute and Richmond Railroad Company, and to give further 
time for the completion of the line of said road from T^re Haute to 
a point on the western line of the State of Indiana. 

In which the concurrence of the House is respectfully requested. 
By Mr. Woods, 

House Joint Resolution No. 16. A Joint Resolution, requesting 
our Senators in Congress, and our Representatives therein, to demand 
from the President o^f the United States, in behalf of the freemen of 



K 



384 

Indiana and her soldiers in the ser\rice of the United States, a course 
of policy firmly retaliating against the rebels for their barbarous 
treatment of our prisoners, &c. 

Which was read a first time, and. 

Referred to the Committee on Federal Relations. 

By Mr. Higgins, 

House bill No. 165. A bill to enforce the 13th Article of the 
Constitution, and to repeal an act entitled " an act to enforce the 
13th Article of the Constitution," approved June 18th, 1852. 

Which was read a first time. ^ 

Mr. Higgins moved to refer the bill to the Committee on the 
Judiciary. 

x>Ir. Buskirk moved to reject said bill, and postpone all further i 
consideration thereof till Wednesday next. 

The question being on postponing the consideration of the subject 
till Wednesday next, 
It was not agreed to 

The question then recurring on rejecting said bill, 

Pending which. 

The special order for the day was called for, being the Majority 
Report of the Committee on Elections. \ 

Mr. Buskirk moved to suspend the special order of the day till 
Monday next, at 2 o'clock, P. M. 
Which was agreed to. 

Mr. Dunham moved that there be printed two hundred copies of 
the Majority and Minority Reports of the Committee on Elections. 

Mr. Higgins moved to lay the motion to print on the table. 

Messrs. Brown and Thatcher demanded the ayes and noes. * 

Those who voted in the affirmative were, 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burnes, Church, 
Cook, Cox, Crook, Emerson, Ferris, Foulke, Goodman, Gregory of 
Montgomery, Gregory of Warren, Groves, Henricks, Hershey, Hig- 
gins, Hogale, Hoover, James, Johnson, Kilgore, Lockhart, Major, 
Miller of Tippecanoe, McVey, Newcomb, Olleman, Reese, Riford, 
^abin, Shuey, Sim, Steward, Stivers, Stringer, Trusler, Upson, 



B85 

Welch, Whiteside, Willis, Woodruflf, Woods, Wright, Zeigler and Mr. 
Speaker — 49. 

Those who voted in the negative were, 

Messrs. Abbett, Brown, Burton, Burwell, Buskirk, Chambers, Col- 
lins, Colover, Croan, Dunham, Glazebrook, Gregg, Griflfith, Har- 
grove, Harrison, Howard, Humphreys, Hunt, Lemon, Lopp, Miller 
of Clinton, Milroy, Montgomery, Osborn, Perigo, Puett,* Richardson, 
Roach, Shoaff of Allen, Shoaff of Jay, Spencer, Stenger, Stuckey, 
Sullivan of Posey and Vanderburg, Thatcher, Veach and White — 37 . 

So the motion to lay Mr. Dunham's motion on the tabic was agreed 
to. 

Mr. Branham moved to suspend the order of business and take 
from the table Senate Joint Resolution No. 16. 
Which w^s agreed to. 

Senate Joint Resolution No. 16. A Joint Resolution accepting .and 
ratifying certain amendmeuts to the Constitution of the United States, 
proposed by Congress to the Legislatures of the several States, 

Was read a first time. 

Mr. Buskirk moved that it be deemed expedient to suspend the 
Constitutional rule, requiring bills to be read on three several days, 
and read said Joint Resolution a second time now. 

The ayes and noes were taken under the Constitution. 
Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Banta, Bonner, Boyd, Branham, Brown, 
Burnes, Burton, Burwell, Buskirk, Chambers, Church, Colover, Cook, 
Cox, Croan, Crook, Dunham, Emerson, Ferris, Foulke, Goodman, 
Gregg, Gregory of Montgomery, Gregory of Warren, Griffith, Groves, 
Harrison, Henricks, Hershey, Higgins, Hogate, Hoover, Humphreys, 
Hunt, James, Johnson, Lockhart, Major, Meredith, Miller of Clinton, 
Miller of Tippecanoe, Milroy, Montgomery, McVey, Newcomb, Olle- 
man, Osborn, Perigo, Puett, Reese, Rhoads, Richardson, Riford, 
Roach, Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Spencer, Steward, 
■Stenger, Stringer, Sullivan of Posey and Vanderburg, Trusler, Upson, 
Veach, Welch, Willis, Woodruff, Woods, Wright, Zeigler and Mr. 
Speaker — 75. 

Those who voted in the negative were, 

Messrs. Glazebrook, Gregg, Hargrove, Howard, Lemon, Lopp and 
"Stuckey — 7. 

H. J.— 25 % 



386 

So it was deemed -expedient to suspend the Constitutional rule, and 
Senate Joint Resolution No. 16, was read a second time, and referred 
to the Committee of the Whole House. 

On motion by Mr. Buskirk, 

The House resolved itself into Committee of the Whole, with Senate 
Joint Resolution No. 16 under consideration, with Mr. Henricks in 
the Chair. 

After remaining in session for some time, the Committee rose and 
made the following report, through its Chairman. 

*Mr. Speaker: 

The Committee of the Whole, to whom was referred Senate Joint 
Resolution No. 16, have had the same under consideration, and desire 
me to report progress, and ask leave to sit again this afternoon, at 2 
o'clock. 

Which was concurred in. 

Mr. Brown moved that when the House adjourn, it be tilt 2 o'clock 
P. M. 

Which was agreed to. 

Mr. Groves moved the House do now adjourn. 
Which was agreed to. 



2 o'clock, P. M. 
The House met. 

Mr. Branham moved that the House resolve itself into the Com- 
mittee of the Whole House, and take up Joint Resolution No. 16. 
Which was agreed to. 

Mr. Henricks in the Chair. After remaining in session for some 
time, the Committee rose and made the following report, through its 
Chairman. 



J 



387 
Mr. Speaker : 

The Committee of the Whole House, to whom was referred Senate 
Joint Resolution No. 16, have had the same under consideration, and 
desire me to report progress, and ask leave to sit again on Monday 
morning next, at 9 o'clock. 

Which was concurred in. 

Mr. Buskirk moved that when the House adjourn it be till 9 o'clock, 
Monday morning. 

Which was aorreed to. 



o 



On motion by Mr. Collins, 
The House adjourned. 



MONDAY MORNING, 9 o'clock,) 
February 13, 1865. / 



The House met. 



On motion by Mr. Branham, 

The reading of the journal was dispensed with. 

Mr. Branham then moved that the House resolve itself into Com- 
mittee of the Whole House for the consideration of Senate Joint 
Resolution No. 16, and the Governor's Message on the same subject. 

Which was agreed to. 

Mr. Henricks in the Chair. 

After remaining in session for some time, the Committee rose and 
made the following report through their Chairman. 

Mr. Speaker: 

The Committee of the Whole House to whom was referred Senate 
Joint Resolution No. 16, and the Governor's Message on the same 
subject, have had the same under consideration, and made some pro- 
gress, ask leave to sit again. 

Mr. Buskirk moved that the report be concurred in. 
Which was agreed to. 



388 

Mr. OUeman moved that when the House adjourn it be till 2 o'clock 
this afternoon. 

Which was agreed to. 

On motion by Mr. Woods, 
The House adjourned. 



2 O'CLOCK, p. M. 

The House met. 

On motion by Mr. Miller, of Tippecanoe, 

A call of the House was ordered, when the following members 
answered to their names. 

Messrs. Atkinson, Banta, Bird, Bonner, Boyd, Branham, Burwell, 
Buskirk, Chambers, Collins, Colover, Cook, Cox, Croan, Crook, Dun- 
ham, Emerson, Ferris, Foulke, Goodman, Glazebrook, Gregg, Greg- 
ory of Montgomery, Gregory of Warren, Griffith, Groves, Hargrove, 
Harrison, Henricks, Hershey, Higgins, Hogate, Hoover, Humphreys, 
Hunt, James, Johnson, Kilgore, Lasselle, Lemon, Lockhart, Lopp, 
Major, Meredith, Miller of Clinton, Miller of Tippecanoe, Milroy, 
Newcomb, Osborn, Perigo, Puett, Reese, Richardson, Riford, Roach, 
Sabin, Shoaff of Allen, Shoaff of Jay, Sim, Steward, Stenger, 
Stuckey, Thatcher, Trusler, Upson, Veach, Wliite, Woods, Wright, 
Zeigler and Mr. Speaker. — 71. 

There being a quorum present, the further call of the House was 
dispensed with. 

Mr. Trusler, asked and obtained leave of absence for Mr. Brown ' 
for this week. ; 

Mr. Rhoads, by unanimous consent, from the Committee on Edu- j 
cation, made the following report : 

Mr. Speaker: j 

The Committee on Education, respectfully submit the following 
bill entitled " a bill to provide for a general system of Common 
Schools, the officers thereof, and their respective powers and duties, 
and matters properly connectiid therewith, and for the establishment 
and regulation of township libraries, and to repeal all laws inconsis- 
tent therewith." I 

The bill has been prepared after carefully considering the educa- 
tional wants of the State, and if passed will, it is confidently believed, 
relieve the embarrassment and remedy the defects that have hereto- 
fore existed in our educational system. The Committee believing' 



389 

that the education of the youth of the State, as a system, should 
assume the breadth and dignity, and completeness, of a State Insti- 
tution, have so prepared this bill, that if it becomes a law, the State 
will come up to the full measure of its responsibility in the matter of 
public education. 

It is therefore submitted with the earnest recommendation that it 
pass. 

On motion, 

The report was laid on the table, and 200 copies of the bill ordered 
to be printed for the use of the House. 

THE SPECIAL ORDER FOR THE DAY. 

The special order for the day was the consideration of the report 
of the Committee on Elections, with the following resolutions : 

1st. Resolved^ That Higgins Lane was duly elected as one of the 
Representatives in the State Legislature for Putnam County, Ind., on 
the Uth day of October, A. D. 1864, and, by virtue of such election, 
he is entitled to take his seat as such Representative in this House. 

2cZ. Resolved, That Ambrose D. Hamrick was duly elected as one 
of the Representatives in the State Legislature for Putnam County, 
Indiana, on the 11th day of October, A. D. 1864, and, by virtue of 
said election, he is entitled to take his seat as such Representative in 
this House. 

3c?. Resolved, That Austin M. Puett, who now holds a seat in 
this House as one of the Representatives of Putnam County, Indiana, 
was not elected as such Representative, and is, therefore, not entitled 
to hold a seat in this House. 

4/^. Resolved, That Samuel Colover, who now holds a seat in this 
House as one of the Representatives of Putnam County, Indiana, was 
not elected as such Representative, and is, therefore, not entitled to 
hold a seat in this House. i 

Mr. Lasselle, from the Committee on Elections, made the following 
minority report : 

Mr. Speaker: 

The undersigned, members of your Committee on Elections, to 
whom was referred the case of Messrs. Higgins Lane and Ambrose 
D. Hamrick, as contestants, and Messrs. Samuel Colover and Austin 
M. Puett, as contestees, wherein the former claim the seats now held 
in this House by the latter as Representatives from the County of 
Putnam, have had the same under consideration in Committee, and 



390 

beg leave to submit tlie folloTving as a minority report of the matters 
under consideration : 

They find from the official returns of the election for said office, as 
stated by the majority of the Committee that the parties named re- 
spectfully receivefl the' following number of votes at said election, to- 
wit : 

Samuel Colover received 2124 

Austin M. Puett " 2105 

Higgins Lane " 2073 

A. D. Hamrick " 2062 



From which it appears that Mr. Colover received a majority of 51 
votes over Mr. Lane, and a majority of 62 votes over Mr. Hamrick, 
and that Mr. Puett received a majority of 32 votes over Mr. Lane, 
and a majority of 43 votes over Mr. Hamrick. So far as the official 
count and returns of said election are concerned, there seems to be no 
question between the parties ; but it is mutually alleged that frauds 
or irregularities have been committed by the friends of both parties, 
and that illegal votes have been cast and counted to each of them. 
Hence the undersigned have had some ditiiculty in arriving at a joint 
conclusion in the premises, as is inevitably the case in issues of this 
character. The principal charge of fraud in the case, as stated by 
the majority of the Committee, consists in the allegations of the con- 
testors, that in the Township of Cloverdale, in said County of Put- 
nam, a number of ballots, (amounting to thirty-five,) and cast for 
them, were fraudulently abstracted from the ballot-box, and the same 
number of ballots, having on them the names of the contestees, placed 
therein and substituted m their stead ; and the majority of the Com- 
mittee, for this supposed fraud, insist that the entire vote of the town- 
ship should be rejected by this House. In regard to this question 
the undersigned would say that a careful investigation of all the tes- 
timony upon the subject, they are fully satisfied that there is no evi- 
dence w^hatever tending to show the commission or fact of such fraud, 
other than such as might be inferred from the depositions of witnesses 
'who state, implicitly or expressly, that they cast votes at such pre- 
cinct greater in number than the official returns thereof would indi- 
cate. 

For this reason, as well as the further reason (even conceding the 
fraud,) that it would in their opinion, be unlawful, as well as unjust, 
to the voters whose ballots are not implicated, to discard the entire 
vote of the township, the undersigned would respectfully and earnestly 
protest against the rejection of the entire vote of the township of 
Cloverdale, and the consequent disfranchisement of all the voters 
thereof. 

In regard to this question, raised by the majority of the Committee, 
that because of the evidence adduced, the whole vote of Cloverdale 
township should be thrown out and not counted, we beg leave to sub- 



391 

mit tlie following section of the 1st Vol. R. S. Ind., Gavin & Hord. 
p. 318. 

Sec. 15. No irregularity or mal-conduct of any member or officer 
of a Board of Judges or canvassers, shall set aside the election of 
any person, unless such irregularity or mal -conduct was such as to 
cause the contestee to be declared elected, when he had not received 
the highest number of legal votes ; nor shall any election be set aside 
for illegal votes, unless the number thereof given to the contestee, 
if taken from him, would reduce the number of his legal votes below 
the number of legal votes given to some other person for the same 
office. 

Nothing could be added which would give force to this law. It is 
exactly in point, and meets the whole question. It was never intended 
that the illegal act of some fraudulent person should disfranchise 
legal voters. 

In this case, also, it is not pretended that the Judges, or any one 
of them, perpetrated the alleged fraud. If done at all, it was done 
by some unknown person. 

If the rule insisted on by the majority should prevail, it will be in 
the power of any one, evilly disposed, to disfranchise any township 
or precinct in the State, however numerous its voters. It was to 
prevent such absurd consequences, that this enactment was made. 
It was to protect honest men in the enjoyment of their rights. We 
submit that the conclusion on this point reached by the majority, is 
in direct violation of the law above cited, and destructive of fair 
elections. 

But, as stated above, other illegal votes, fraudulent or otherwise, 
are alleged to have been cast at other precincts of said county. The 
contestors claim that three of such votes were given for the contestees, 
and the contestees claim that as many as fifty-six of such votes were 
given for the contestors. The undersigned are of the opinion, after 
a full investigation of the cases, that two of such illegal votes were 
given for the contestees, and that thirty of such votes were given for 
the contestors, seven of which are admitted by them to have been so 



fijiven. 



The undersigned would further say, in regard to the Cloverdale 
vote, that, even conceding such fraud to have been committed to 
some extent, or that certain votes should be deducted from the vote 
of the contestee and added to that of the contestors in view of the 
evidence in the case, still there are at least seven votes thereof 
claimed by the contestors to have been cast for them, that are not, 
in the opinion of the undersigned, proven to have been sa cast. 

Deducting these seven votes from the number claimed by the con- 
testors as cast for them at that precinct, and also deducting from 
their total vote the illegal votes cast for them at other precincts, as 
above stated, the result will show the election of Mr. Colover by a 
majority of twenty-three votes over Mr. Lane, and by a majority of 



S92 

thirty-four votes over Mr. Hamrick, and also the election of Mr. 
Puett by a majority of four votes over Mr. Lane, and by a majority 
of fifteen over Mr. Hamrick. 

The undersigned would further beg leave to submit the following 
statement as the result of the conclusions to which they have 
arrived, and as a more detailed and intelligible view of the condition 
of each vote as entertained by them,, from the evidence, to-wit : 

Official vote of Samuel Colover 2,124 

Deduct illegal votes of minors 2 

Deduct Cloverdale votes, 35 less 7, not proven to have been 

voted for contestors 28 

Making ^ ^>- — 30 

Total vote for Mr. Colover 2,094 

Official vote of Austin M. Puett......... 2,105 

Deduct illegal votes of minors 2 

Deduct Cloverdale township votes, 35 less 7, not proven to 
have been cast for contestors 28 

* — 30 



Total vote far Mr. Puett 2,075^ 

Official vote of Higglns Lane 2,073 

Add Cloverdale vote, 35 less 7, not proven to have been cast 

for contestors 28 



Making in all 2,101 

Deduct illegal votes of minors^ admitted by contestors 7 

Deduct non-resident students' votes 15 

Deduct other non-resident votes 7 

Deduct other minor vote ^^. 1 

— sa 



Total vote of Mr. Lane 2,071 

Official vote of Ambrose D. Hamrick 2,062 

Add Cloverdale votes 35 less 7, not proven to have been cast 

for contestors 28'' 



Deduct votes of minors admitted 7 

Deduct non-resident students' votes. 15 

Deduct other non-resident votes 7 

Deduct other minor vote 1 



2,090 



30 



Total vote for Mr. Hamrick 2,06^ 



^93 

In accordance with the foregoing statement, even conceding that a 
fraud was perpetrated at the township of Cloverdale, which we deny 
as having been done, it will be seen, as claimed by us, as we think, 
justly, that still Mr. Colover and Mr. Puett has received a larger 
number of legal votes in said election than the contestors, Mr. Lane 
and Mr. Ilamrick, by the majorities before stated. 

We therefore respectfully report the following resolutions add 
recommend their adoption by the House, to-wit: 

1st. Resolved, That Samuel Colover is duly elected a Representa- 
tive from the county of Putnam to- the General Assembly of Indiana^ 
and that, as such, he is entitled to- his seat in this House. 

2d. Resolved, That Austin M. Puett is duly elected a Representa- 
tive from the county of Putnam to the General Assembly of Indiana,, 
and that, as such, he is entitled to a seat in this House. 

All of which is respectfully submitted. 

CHARLES B. LASSELLE, 
OCHMIG BIRD. 

Mr. Buskirk moved that the two last resolutions, as reported by 
the majority of the Committee, !>e laid on the table. 
Which was not agreed to. 

On motion of Mr. Newcomb, 

Mr. Lane, the contestant of Mr. Puett, and Mr. Hamrick, the con- 
testant of Mr. Colover, were allow^ed the privilege of addressing the- 
House in their own behalf. 

Message from the Senate, by Mr. Whittlesey, their Secretary : 

Mr. Speaker.: 

I am directed by the Senate to inform the House of Representa- 
tives that the Senate has passed the following concurrent resolution, 
to-wit : 

Whereas, A few weeks more time would enable the State of Indiana, 
to fill her quota by volunteers under the late call of the President 
of the United States ; therefore, 

Resolved by the Senate, of the State of Indiana, (the Souse of 
Representatives concurring,) That the President of the United States 
be and he is hereby requested, if not incompatible with the public 
welfare, to extend the time for filling the quota of the State of Indi- 
ana, for the period of thirty days, or to grant such other extension of 
time, as to his Excellency may seem expedient. 



394 

2d. That His Excell-ency, Gov. 0. P. Morton, be requested to for- 
ward the above resolution to the President of the United States, by 
telegraph. 

In which the concurrence of the House is respectfully requested. 

Which, by unanimous consent, was taken up and r«ad, and. 
On motion, 

Was concurred in. 

Mr. Chambers, from the Committee on Engrossed Bills made the 
following report : 

Mr. Speaker : 

The Committee on Engrossed Bills have carefully examined and com- 
pared Engrossed House bills Nos. 29, 31, 53, 62, 75, 79, 88, 68, 106 
and 147, with the original bills and find that the same have, in all 
respects, been accurately and correctly engrossed. 

Mr. Gregory, of Warren, moved to postpone the further consider- 
ation of the case of Messrs. Hamrick and Colover, till to-morrow 
morning. 

Which was not agreed to. 

Mr. Rhoads moved the previous question. 

Which was seconded by the House. 

The question being, shall the main question be now put ? 
It was so ordered. 

The question being on adopting the resolutions as reported by the 
minority of the Committee. 
It was not agreed to. 

The question then recurring on the adoption of the first and third 
resolutions as reported by the majority of the Committee. 

Messrs. Buskirk and Miller, of Clinton, demanded the ayes and 
noes. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burnes, Cham- 
bers, Church,Cook, Cox, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, 
Lockhart, Major, Meredith, Miller of Tippecanoe, Montgomery, Mc- 
Vey, Newcomb, Olleman, Reese, Rhoads, Riford, Sabin, Shuey, Sim, 



395 

Steward, Stivers, Stringer, Trusler, Upson, Welch, Whiteside, Willis, 
Woodruff, Wcods, Wright, Zeigler and Mr. Speaker — 55. 

Those who voted in the negative were, 

Messrs. Bird, Burton, Buskirk, Coffroth, Colover, Croan, Glaze- 
brook, Gregg, Hargrove, Harrison, Howard, Humphreys, Hunt, 
Lasselle, Lemon, Lopp, Miller of Clinton, Milroy, Osborn, Perigo, 
Richardson, Roach, Shoaff of Allen, Shoaff of Jay, Stenger, Thatcher, 
Veach and White— 28. [ 

So the resolutions were adopted. 

Mr. Lane then came forward and was sworn into office by the 
Speaker, took his seat and entered upon the discharge of his duties. 

Mr. Newcomb moved that when the House adjourn, it be till 11- 
o'clock this evening. 

Mr. Sim offered the following Resolution : 

Resolved^ That the Hall of the House of Representatives be ten- 
dered Mrs. Wilhelm for the purpose of delivering a lecture on the 
state of the country, on Wednesday evening of this week. 

Which was agreed to. 

Leave of absence was granted Mr. Branham and Mr. Wright, until 
Friday next. 

Mr. Hoover moved that the House do now adjourn. 
Which was agreed to. 



7J o'clock, p. M. 

The House met. 

On motion by Mr. Branham, 

The House resolved itself into a Committee of the Whole, with 
Senate Joint Resolution No. 16 and Governor's Message, and the 
same subject under consideration, with Mr. Henricks in the Chair. 



396 

After remaining in session for some time, the Committee rose and 
made the following report, through its Chairman : 

Mr. Speaker : 

The Committee of the Whole House, to whom was referred Senate 
Joint Ptesolution No. 16, have had the same under consideration, and 
have directed me to report the same back to the House and recom- 
mend its passage. 

Which was concurred in. • ! 

Senate Joint Resolution No. 16. A Joint Resolution accepting 
and ratifying certain amendments to the Constitution of the United 
States, proposed by Congress to the Legislatures of the several 
States, 

Was read a third time, and the question being shall the Joint' 
Resolution pass ? 



« 



Those who voted in the affirmative were 



Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burns, Cham 
bers. Church, Cook, Cox, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Hen 
ricks, Hershey, Higgins, Hogate, Hoover, James, Johnson, Kilgore, 
Lane, Lockhart, Major, Meredith, Miller of Tippecanoe, Mont- 
gomery, McVey, Newcomb, OUeman, Reese, R-hoads, Riford, Sabin, 
Shuey, Sim, Stewart, Stivers, Stringer, Sullivan of Posey and Vander- 
burg, Trusler, Upson, Welch, Whiteside, Willis, W^oodruff, Woods 
Wright, Zeigler and Mr. Speaker. — 56. 

Those who voted in the negative were, 

Messrs. Bird, Burwell, Buskirk, Coffroth, Collins, Collover, Croan, 
Glazebrook, Grearg, Hargrove, Harrison, Howard, Humphreys, Hunt, 
Lasselle, Lemon, Lopp, Miller of Clinton, Milroy, Osborn, Perigo, 
Richardson, Roach, Shoaff of Allen, Shoaff of Jay, Stuckey, Thatcher, 
Veach and White.— 29. 

i 

So Senate Joint Resolution No. 16 passed. 

The question being shall the title, as reported, stand as the title of 
said Joint Resolution ? 
It was so agreed. 

Ordered, That the Clerk inform the Senate of the passage thereof. 

Mr. Woods offered the following resolution : 

Resolved, That a certiiBed copy of the Joint Resolution ratifying 
the amendment proposed by Congress, for abolishing slavery through- 



397 

out the United States, and all places under its jurisdiction, be 
engrossed on vellum and be forwarded by his Excellency, the Gover- 
nor, to the President of the United States, with the request that he 
lay the same before Congress. 
Which was adopted. 

Mr. Hoover moved that the House do now adjourn. 
Which was agreed to. 



TUESDAY MORNING, 9 o'clock, A. M., \ 

February 14, 1865. j 

The House met pursuant to adjournment. 

The Speaker ordered a call of the House, when the following mem- 
bers answered to their names : 

Messrs. Atkinson, Banta, Bird, Boyd, Branham, Buskirk, Cham- 
bers, Church, Collins, Cox, Croan, Crook, Dunham, Ferris, Foulke, 
Goodman, Gregg, Gregory of Montgomery, Gregory of Warren, 
Griffith, Groves, Hargrove, Harrison, Hershey. Higgins, Hogate, 
Hoover, Hunt, James, Johnson, Kilgore, Lane, Lee, Lockhart, Major, 
Meredith, Miller of Clinton, Miller of Tippecanoe, Montgomery, 
McVey, Olleman, Osborn, Perigo, Reese, Rhoads, Richardson, Riford, 
Sabin, Shuey, Sim, Spencer, Stewart, Stenger, Stringer, Stuckey, 
Sullivan of Scott, Sullivan of Posey and Vanderburg, Trusler, 
Veach, White, Whiteside, Willis, Woodruff, Woods, Wright, Zeigler 
and Mr. Speaker. — 67. 

There being a quorum present, the further call was dispensed with. 

The Clerk proceeded to read the Jourjial, when, 

On motion by Mr. Branham, 
The further reading thereof was dispensed with. 

Messrs. Spencer, Dunham, Stringer, Burton, and Sullivan, of Scott, 
by unanimous consent, were allowed to record their votes against the 
passage of Senate Joint Resolution No. 16, as of yesterday. 



398 

Messrs. Dunham, Spencer, Collins, and Sullivan, of Scott, by 
unanimous consent, were allowed to record their votes against the 
adoption of the first and third resolutions, as reported by the majority 
of the Committee on Elections, as of yesterday. 



PETITIONS, MEMORIALS, AND REMONSTRANCES. 

By Mr. Osborn, 

A petition from sundry citizens along the line of the White Water 
Canal, praying for the construction of a railroad on the line of said 
Canal. 

Which was referred to the Committee on Railroads. 

By Mr. Gregg, 

On the same subject. 

Which, 

On motion, 
Was referred to the Committee on Railroads. 

Bv Mr. Veach, 

On the same subject. 

Which, 

On motion, 
Was referred to the Committee on Railroads. 

By Mr. Wright, 

On the same subject. 

Which, 

On motion, 
Was referred to the Committee on Railroads. 

By Mr. White, 

On same subject. 

Which, 

On motion. 
Was referred to the Committee on Railroads. 



BQ9 

By Mr. , 

A petition from sundry citizens along the line of the White Water 
Valley Canal, on the same subject. 
Which, 

On motion, 
Was referred to the Committee on Railroads. 

By Mr. Rhoads, 

A petition of the citizens of Sullivan County, Indiana, praying 
that the law granting license may be amended so as to require the 
applicant for license to procure the signatures of a majority of the 
voters. 

Which, 

On motion. 

Was referred to the Committee on Temperance. 

By Mr. Stuckey, 

A petition from sundry citizens of Owen County, Indiana, praying 
that the law granting license to retail spirituous and intoxicating 
liquors, may be so amended as to require the applicant for license to- 
procure the signatures of a majority of the voters. 

Which was referred to the Committee on Temperance, 

By Mr. Emerson, 

A petition from sundry citizens of Spencer County, Indiana^ pray- 
ing that the law granting license to retail spirituous and intoxicating 
liquors may be so amended as to require the applicants for license to 
procure the signatures of a majority of the voters. 

Which was referred to the Committee on Temperance. 

By Mr. Welch, 

A petition from sundry citizens of Switzerland County, Indiana, 
on the same subject. 
Which, 

On motion, 
Was referred to the Committee on Temperance. 

By Mr. Dunham, 

A petition from sundry citizens of Hendricks and Morgan counties, 
praying that the election laws of the State of Indiana be so amended 
as to stay the tendency to corrupt elections, and restore and preserve 
the purity of the ballot box. 

On motion by Mr. Newcomb, 

The petition was referred to a special Committee of three. 



4O0 

Bj Mr. Sullivan, of Scott, 

A petition of John M. Hornaday, and numerous other tax payers 
of Scott County, asking that provision be made for the payment by 
the State of property taken during the Morgan Raid. 

Which, 

' Oii motion, 
. Was referred to the Committee on the Judiciary. 

By Mr, Sullivan, of Scott, 

A petition from sundry citizens of Scott County, on the same sub- 
ject. 
Which, 

On motion. 
Was referred to the Committee on the Judiciary. 

By Mr. McVey, 

A claim of Miles J. Fletcher for three hundred and eighty-four 
dollars and sixty -seven cents. 
Which, 

On motion. 
Was referred to the Committee on Claims. 

By Mr. Olleman, 

A claim of John Matthews. 
Which, 

On motion, 
Was referred to the Committe on Claims. 

By Mr. Hogate, 

A claim of J. H. Dooley, for $17 05. 
Which, 

Un motion. 
Was referred to the Committee on Claims. 

Bj Mr. Hogate, 

A claim. 

State House, Hall of Representatives, \ 
Indianapolis, Feb. 13, 1865v / 

To Eli k Bruner debtor (^58 00) fifty-eight dollars. 
Which, 

On motion, 
Was referred to the Committee on Claims. 



401 
By Mr. Major, 

A petition from sundry citizens of Morgan County, praying the 
publication of the reports of the Board of Agriculture. 
Which, 

On motion, 
Was referred to the Committee on Agriculture. 

By Mr. Lopp, 

A petition from sundry citizens of Harrison County, praying for 
the passage of an act to provide for the payment of losses sustained 
by sundry citizens of the State of Indiana during the Morgan rebel 
raid through this State, in the summer of 1863. 

Was referred to the Committee on the Judiciary. 

By Mr. Lopp, 

A petition from sundry citizens of Harrison County on the subject 
of the Morgan raid. 
Which, 

On motion. 
Was referred to the Committee on the Judiciary. 

By Mr. Lemon, 

A petition from sundry citizens of Harrison County, on the same 
subject. 
Which, 

On motion. 
Was referred to the Committee on the Judiciary. 

By Mr. Newcomb, 

A petition from sundry citizens of Marion County, praying the 
amendment of the game law so as to protect squirrels. 

Which, 

On motion. 

Was referred to the Committee on the Rights and Privileges of the 
Inhabitants of the State. 

By Mr. Rhoads, 

A petition from sundry citizens of Vermillion County, on the sub- 
ject of legalizing certain acts of the County Commissioners. 
Which, 

On motion. 
Was laid on the table. 

H. J.— 26 



402 

By Mr. , 

A memorial from George Lee, of Parke County. 
Which, 

On motion. 
Was referred to the Committee on the 

■By Mr. Major, 

A petition from sundry citizens of Morgan Cflunty, on the subject 
of temperance. 
Which, 

On motion. 
Was referred to the Committee on Temperance. 

Mr. Dunham received leave of absence for the balance of the week. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Riford, from the Committee on County and Township Business, 
made the following report : 

Mr. Speaker: 

The petition (No. 7) referred to the Committee on County and 
Township Business beg leave to report that such legislation is inex- 
pedient, and, therefore, recommend that said petition lie on the table. 

Which was concurred in. 

Mr. Riford, from the Committee on County and Township Business, 
made the following report : 

Mr. Speaker: 

Your Committee, to whom was referred House bill No. 124, by 
Mr. Stringer, would respectfully report that they have had the same 
under consideration, and have instructed me to report the same back 
to the House, and recommend its passage. 

Which, 

On motion. 

Was laid on the table. 

Mr. Trusler, Chairman of the Military Committee, made the fol* 
lowing report : 

Mr. Speaker : 

The Military Committee, to whom was referred House bill No. 94, 
.respectfully represent that they have had the same under considera- 



403 

tion, and direct me to report the following amendments, and, when so 
amended, they recommend its passage : 

Amend section one, line 3, by adding the words " of the State" 
after the word " Militia." ^ 

Amend section two, line 1, by adding the words "of the State" 
after the word " Militia." 

Amend section three, line 2, by adding the words " of property" 
after the word " assessment." 

Amend line three, by striking out " assessment district" andjsub- 
stituting therefor ^^ town or township," and by striking out the word 
*' receiving," and substituting the words " under this act shall 
receive." 

Amend line four by inserting the word '' therefor" after the word 
^' compensation" and the word " enrolled." 

Amend line five by adding the words " the said rolls are" before 
the word " completed" and striking out the words " of said roll" and 
substituting therefor the word " thereof/' 

Amend line — of this section by adding the words " under the 
provisions of this act" after the word " submitted." 

Amend line ten by inserting the letter " a" after the word " with." 

Amend line eleven by adding the words " and for record" after the 
words " Commander-in-Chief." 

Amend section four, line one, by inserting the word " hereby" after 
the word "is," and striking out the word "possible" after the word 
^^all." 

Amend line two by adding the word " the" after the word " to," 
and by striking out the word " so" and substituting the words " as 
aforesaid " after the word "liable." 



'5 



Amend line three by striking out the word " request," and substi- 
tuting the words " the demand of assessor." 

Amend line five by striking out the words " exemption laws" after 
the word " of," and the words " the right of appeal," and substitu- 
ting therefor the words " valuation laws." 



404 

Amend line six by striking out the words " forwa-rded to the,'^ and 
substituting therefor the vrords " paid by the County Treasurer in his 
settlement to the.'' 

^Amend section five, line 1, by striking out the word ''so" and by 
inserting the words " in this act," after the word " prescribed/' 

Amend line two by inserting the words " as herein directed" after 
the word " same," and by striking out the words '' be liable to a fine 
of" and substitute the words " after conviction thereof be final." 

Amend line three by inserting the words " and costs of suit" after 
the word " dollars." 

Amend line four by striking out the words " to be transmitted," 
and substituting the words " shall be paid." 

Amend section 6, by inserting after the word " person" the worda- 
'' or persons." 

Amend line 4 by striking out the word " laws,'^ and the word '' ap- 
peal," and substituting the words '• valuation laws" after the word 
*' or." 

Amend section 7, line 1, by striking out the word " County," and 
by inserting after the word '• officer" the words " created by this act, 
or who shall be charged or empowered to carry out the provisions 
thereof;" and by striking out the word "using" and substituting the 
words " who shall use," and by striking out the word " accepting"" 
a^nd substituting the words " who shall accept." 

Amend the second line by striking out the word " properly," 
Amend line 3, by inserting after the words " under this act," and 

by inserting after the word " State" the words " before any Court of 

record." 

Amend line 4 by striking out the words " be liable," and by striking 
out the words " to a fine of one" and substituting therefor the words 
" thereof shall be fined in any sum not less than one hundred dollars 
and not more than five hundred dollars." 

Amend section 8, line 1, filling the blank with the words " The 
Indiana National Guard." 

Amend section 9, line 3, by striking out tho word '' each." 

Amend section 10, line 4, by striking out the word " view," and 
substituting the word " regard," and by striking out the word *' prompt- 
ly" and substituting the words '' the prompt, ' and by inserting the 
word " of" after the word " assembling." 



405 

Amend section 11, line 5, by inserting after the word " draft" tlie 
words ^' as hereinafter provided." 

4 

Amend section 12. line 2, by striking out the word " to" and sub- 
stituting the AYords " who shall," and by striking out the words " the 
<jompany" and substituting the words " their respective companies." 

Amend section 13 line 2, by striking out the words "less than" 
and substituting the words " not exceeding."' 

Amend line 4, by inserting the w^ord " satisfactory" after the word 
•*' furnished." 

Amend line 5, by inserting after the word " or" the word " have." 
xlmend section 14, line 2, by inserting after the word " and" the 
word " they." 

Amend section 15, line 2, by striking out the word " organization" 
and substituting the word "organizing." 

Amend line 3, by striking out the word " and" and substituting 
the word " or." 

Amend section 16, line 1, by striking out the word "needed" and 
substituting the word "required," and after the word "for" inserting 
the word " the." 

Amend line 3, by inserting after the word " or" the word " if." 

Amend line 9, by striking out the word "will" and substituting the 
Drd" shall," and 
Adjutant General.' 



word " shall," and after the word " notified" inserting the words " the 

3) 



Amend line 11 by inserting after the word " dollars" the words 
" to bo recovered upon the complaint of the Adjutant General," and 
after the word " or" insertins; Avord " other." 

Amend line 13 by inserting after the word " increased" the words 
"by the Commander-in-Chief," and by inserting after the word 
" draft" the words " as herein provided." 

Amend line 12 by inserting after the word " order" the words 
"such delinquent shall be liable." 

Amend line 17 by inserting after the word "is" the word "hereby." 

Amend lino 19 by inserting the word "the" after the word "' in," 
5ind by inserting the word "the" after the word "of." 

Amend line 20 by striyng out the word " and," and substituting 
the word " but." 



406 

Amend line 21 by inserting the word '-and" after the word 
'^ service." 

Amend section 17, line 4, by striking out the words " the border 
or other," and substituting " any district or." 

Amend line 5 by inserting after the word " district " the word 
" county." 

Amend line 10 by striking out the word " approximate," and sub- 
stituting the word *' in." 

Amend section 19, line 3, by inserting after the word " surgeon "" 
the words " who shall rank with corresponding grades in the United 
States arm J." 

Amend section 22, line 1, by striking out the word "attaching,"' 
and substituting the words " allowed by." 

Amend line 2 by striking out the word " of," and substituting the 
word " in.' 

Amend line 3 by striking out the words " United States Regula- 
tions," and substituting the words " Regulations of the United States 
Army." 

Amend line 4 by inserting after the word " tactics " the words 
"prescribed for the same." 

Amend section 23, line 1, by striking out the word " to,*' and sub- 
stituting the words " who shall." 

Amend line 2 by inserting the word " either " after the word 
" for," and by striking out the word " may," and substituting the 
word " shall." 

Amend line 4 by striking out the words " commander-in-chief, and 
to be submitted to the Adjutant General," and substitute the word& 
" Adjutant General '^ 

Amend line 5 by striking out the words " with the application of 
said Company for original organization." 

Amend section 24, line 1, by striking out the words " to organize," - 
and substitute the words " for the organization of." 

Amend line 3 by inserting after the word " or " the words " who- 
may have won distinction in." 



407 

Amend section 26, line 4, by inserting after the word " or " the 
word " who." 

Amend line 5 by inserting after the word " for " the word " the," 
and insert after the word " command" the words " he holds." 

Amend section 27, line 1, by inserting after the word *• ballot" the 
words '^ and shall be held," and striking out the word '' upon." 

Amend line 6 by striking out the words " direct and." 

Amend section 29, line 2, by inserting after the word '' arms " the 
words " upon the button." 

Amend line 3 by inserting after the word " procured " the words 
"by the companies." 

Amend line 4 by inserting in the blank "fifty-nine." 



Amend section 30, line 1, by inserting after the word " is " the 
word "hereby.'" 



J? 



Amend line 2 by striking out the word " to " and insert the words 
"who shall." 

Amend line 3 by inserting after the word "provided" the word 
" for." 

Amend line 4 by striking out the words " first tolling," and sub- 
stituting the words " but shall first take." 

Amend line 10 by striking out the words "Treasurer's Department," 
and substitute the words " State Treasurer, who shall credit the same 
to the Military Fund." 

Amend section 31, line 6, by inserting after the words " of the " 
the word " State." 

Amend line 9 by inserting after the word " those " the words " one 
hundred dollars, nor more than." 

Amend line 11 by striking out tha words " or Attorney General." 

Amend section 32, line 2, by striking out the words " so late as," 
and substitute the words " later than." 

Amend line 6 by inserting after the word " or" the word " have," 
and insert after the word " any " the word " other," and strike out 
the word " the" after the word "of," and strike out after the word 
" discipline " the words " of camp." 



'408 / 

Amend line 8 by striking out tlie words " will be made," and sub- 
stitute the words " the commanding officer of each company shall make 
out and forward." 

Amend line 9 by striking out the words " within one week after 
said parade, and of the remaining two," and by striking out the words 
'^ shall be sent to the," and substituting the words "to the." 

Amend the 10th line by striking out the word "may" and substi- 
tute the word " shall," and by striking out the words " the third" and 
substituting " one." 

Amend the 11th line by adding after the word " State" the words 
" within ten days after the parade for which payment is claimed." 

Amend section 33, line o, by striking out the words *'viz : as Bri- 
gadier General, Colonel, &c., as the case may be."' 

Amend line 4, by striking out the words " so called." 

Amend line 6, by striking out the word " of" and substituting the 
word " for," and adding after the word " servants" the words " shall 
be allowed." 

Amend section 34, line 3, by inserting after the word " transporta- 
tion" the word "and," and strike out the word "to" and substitute 
the word " shall." 

Amend section 35, line 3, by inserting the word " the" after the 
word "before," and by inserting the words "of this date" after the 
word "Courts." 

Amend the 4th line, by inserting the words "person on" after the 
word " the," and by striking out the word " may" and inserting the 
word "shall." 

Amend section 36, line 2, by inserting after the word " Auditors'" 
the word " County Clerks, County Auditors," and inserting the word 
" County" after the word " and." 

Amend section 37, line 2, by inserting the word " been" after the 
word "having," and by inserting after the word "Navy" the words 
" so discharged," and by striking out the words " and all members 
of the active militia, or such as shall have served five years, shall 
also be exempted from jury service, and from working the public 
roads," in lines 3, 4 and 5. 

Amend line 6, by striking out the word " as" and substituting the 



409 

words " who shall," and by striking out the word '' so," after the word 
" have." 

Amend line 7 by striking out the words " on war requiring the aid 
of their experience," and insert the words " or public danger." 

xVmend section 38, line 2, by inserting the word " public"' after the 
word " other." 

Amend section 40, line 5, by inserting after the words " Adjutant 
General" the words " in writing," and striking out tie words "in 
advance." > 

Amend section 42, line 6, by striking out the word " for," and sub> 
stituting the word " of." , 

Amend line 10, by striking out the words " shall be," and substi- 
tuting the words " shall be collected by the commanding ofiBcer of 
such Camp, and shall be by him." 

Amend section 43, line 1, by striking out the word " either" and 
substituting the word '' any." 

Amend line 2, by striking out the word " either" and substituting 
the word " any." 

Amend the 4th line, by inserting the word " and" after the word 
" dollars," and strike out the words " to be," and substitute the words 
'' shall be." 

Amend line 8, by striking out the word " to" and substituting the 
word '^for." 

Amend line 9, by inserting the word "upon" after the word " or." 

Amend line 10, by striking out the words " shall be," and inserting 
" when," and inserting the words " shall be" after the word "imposed,'' 
and inserting the words " and the same," after the word " commission." 

Amend line 12, by striking out the word "judgment," and substi- 
tuting the words " execution thereon issue. 

Amend line 13, by striking out the words " exemption laws, stay 
or appeal, and be collected forthwith," and substituting the words 
" valuation laws to be collected." 

Amend section 44, line 2, by striking out the word " stated," and 
substitute the word " general." 



410 

Amend line 8 by striking out the words "on other debts, on exe- 
cution, as in cases elsewhere provided," and substitute the words 
provided for in section 80 of this act.'' 

Amend section 45, line 2, by striking out the word '' furnishing " 
and substituting the word " and," and inserting after the word 
"transportation" the words " shall be furnished." 

^ Amend line 3 by striking out the word " through," and substitut- 
ing the word "by," and striking out the words " authorizing the 
issue of arms, and substituting the words "he shall cause to be 
issued. 

Amend line 4 by inserting the word "the" after the word "is- 
sued, and by inserting the words " of the United States army " after 
the word " ration." *^ 

Amend line 6 by inserting the words " by the officer in command" 
alter the word " selected." 

Amend section 48 by inserting the letter " a " after the word 
" give. 

Amend section 50 by inserting the word "and" after the word 
''''^ !. t ;, v""^ l'^ striking out the word " to" and substituting the 
word shall, and insert the words "from the Military Fund" after 
the words " Quartermaster-General." 

Amend section 51 by striking out the word "passage," and sub- 
stitutmg the words " taking effect." 

Amend line 1 by inserting the words " by any authority whatever'' 
after the word " issued." 

Amend line 2 by inserting the words " or private individuals" after 
the w^ord " company." 

Amend line 4 by inserting the word " the " after the word " arms." 

Amend line 7 by inserting the words " or of private individuals " 
alter the word " reorganize," and inserting the words " who shall " 
alter the word " and." 

Amend section 52, line 1, by inserting the word "hereby" after 
the word " is. '' 

Amend line 3 by striking out the words " if the interest of the 
service seem to require," and substitute the words " or when com- 
panies or private individuals shall fail, or refuse to give up, or return 
such arms as provided in this act." 



411 

Amend section 53, line 3, by inserting the word " and '' after the 
word " service/' and strike out the "word " to " and substitute the 
word " shall," and insert the word " the " after the word " to." 

Amend section 5-1, line 8, by striking out the words " exemption 
law " and insert the words " valuation laws," and insert the word 
'^ and " after the word " laws." 

Amend line 9 by striking out the word " to " and substitute the 
word *' shall," and strike out the word "transferred" and substitute 
the word " credited," and insert after the word " state" the words " as 
heretofore provided." 

Amend section 8, line 4, by inserting after the words " military 
secretaries " the word " each." 

Amend section 59, line 2, by inserting after the word " war " the 
word ••' and." 

Amend line 4 by inserting the words " be necessary " after the 
word '' may." 

Mr. Trusler moved to lay the report on the table, and make it the 
special order for the day for Thursday next, at 10 o'clock, A. M. 
Which was agreed to. 

Mr. Gregory, of Warren, from the Committee on Education, made 
the following report : 

Mr. Speaker: 

The Committee on Education, to whom was referred the report of 
the Hon. Samuel L. Rugg, Superintendent of Public Instruction, in 
answer to the resolution of Mr. Rice, of Parke County, in relation to 
large sums of money lying idle and unloaned by the County Auditors 
in certain Counties of [the] State, which belong to the Common 
School Fund. Your Committee, after a careful examination of said 
report, are deeply impressed with the fact that some action should be 
taken, and measures adopted at the present session of this Legisla- 
ture, by which the moneys belonging to the Common School Fund, 
should be kept in a condition so that the greatest amount of benefit 
should be derived from the same, to do this, two modes are sug- 
gested — either increase the amount to be loaned to individuals, or in- 
vest the principal of that fund in State or United States stocks, bear- 
ing the greatest amount of interest that could be procured. Your 
Committee would report that they are in favor of the former proposi- 
tion — to -keep the money in the Counties, and increase the amount to 
be loaned to individuals. Your Committee can not close this their 
report without an expression of entire satisfaction of the official con- 
duct of the Hon. Samuel L. Rugg, Superintendent of Public Institu- 



, ' 412 ' 

tion, in the manner in which he has discharged his public duties, and 
the great personal interest manifested by him in behalf of the Com- 
mon Schools of this State, and his willingness to confer with your 
Committee at this session of the Legislature in behalf of the great 
interest of education in our State. 
Which was laid on the table. 

Mr. Gregory, from the Committee on Education, made the follow- 
ing report : 

Mr. Speaker: 

The Committee on Edu-cation, to whom was referred the petition of 
Jesse S. Harper and others, in the military service of the United 
States, No. 9, requesting the present Legislature to apply certain 
lands granted by the United States to the State of Indiana, for the 
endowment and support of an Agricultural College, to the founding 
and support of a home or homes for disabled soldiers and seamen, &c., 
beg leave to report, that they have maturely considered that subject, 
and would gladly grant the request if we could believe it would not 
be a diversion from the grant of Congress, which was in our opinion 
intended by Congress a grant solely for the benefit of Agriculture 
and the Mechanic Arts, wherein might be taught Military Tactics. 
Your Committee, therefore, recommend that no action be further had 
on said petition. 

Which was concurred in. ^ 

Mr. Gregory, of Warren, from the Committee on Education, made 
the following report: 

Mr. Speaker: 

The Committee on Education, to whom was referred House reso- 
lution No. 7, introduced by Mr. Woods of Lake county, respectfully 
requesting said Committee to consider the propriety of prohibiting 
bylaw County Boards from investing unloaned Common School funds 
in the bonds of the Counties owning such funds, have had the same 
under consideration, and have instructed me to report, that further 
legislation on that subject is inexpedient, for the reason that we con- 
ceive there is now no authority by law, to warrant the Commissioners 
of Counties to invest any part of the School funds of their Counties 
in County Bonds, and that such an act on their part of the Boards of 
Commissioners is not warranted by the law as it is ; that by the pre- 
sent School law the several Counties are liable for the safety of the 
principal and interest of said fund. 

Which was laid on the table. 

Mr. Chambers, from the Committee on Engrossed Bills, made the 
following report: 



I 



413 

Mr. Speakers 



The Committee on Engrossed Bills have carefully compared En- 
grossed House bill No. 82, with the original bill, and find that th'?.- 
same has in all respects been accurately and correctly enorrossed. 

ORDERS OF THE DAY. 

The pending question being on the motion made by Mr. Buskirk 
yesterday, to reject House bill No. 165. 

Mr. Higgins moved to lay the motion to reject on the table. 
Messrs. Buskirk and Osborn demanded the ayes and noes-. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Banta, Bonner, Branham, Burnes, Chambers^ 
Cook, Cox, Foulke, Goodman, Gregory of Montgomery, Gregory of 
Warren, Griffith, Henricks, Hershey, Higgins, Hogate, Hoover, 
James, Johnson, Kilgore, Lane, Lockhart, Major, Meredith, Miller 
of Tippecanoe, Montgomery, Newcomb, Olleman, Reece, Rhoads^ 
Riford, Sabin, Shuey, Steward, Stivers, Stringer, Sullivan of Posey 
and Vanderburg, Trusler, Upson, Welch, Whiteside, Willis, Woodruff, 
Zeigler and Mr. Speaker — 46. 

Those who voted in the negative were-, 

Messrs. Bird, Boyd, Burton, Burwell, Buskirk, Coffroth, Collins^ 
Col over, Croan, Crook, Dunham, Emerson, GLizebrook, Gregg, Groves, 
Hargrove, Harrison, Humphreys, Hunt, Lasselle, Lemon, Lopp, 
Miller of Clinton, Osborn, Perigo, Richardson, Roach, Shoaff of 
Allen, Shoaff of Jay, Spencer, Stenger, Stuckey, Sullivan of Scott,. 
Thatcher, Veach and White — 37. 

So the motion to reject was laid on the table. 

On motion by Mr. Higgins, 

House bill No. 165, was referred to the Committee on the Judiciarv, 

Mr. Kilgore offered the following resolution : 

Whereas, The officers in the field find great difficulty in settling their 
accounts for Quartermaster and Ordnance stores, issued to them 
by the State of Indiana, and for which they are held accountable 
by the General Government, owing to their inability to procure 
correct statements of their accounts, having lost all their papers 
while in the field. 



414 

And Whereas, the books of the Quartermaster General and Chief of j 
Ordnance, contain all the information desired, " 

And , V HEREAS the said accounts from the commencement of the war 
up to the 31st day of December, 1862 have been printed. 

Resolved, That the Quartermaster General and Chief of Ordnance, 
of the State of Indiana, be, and they are hereby directed, to cause 
full abstracts and returns of the same to be prepared, printed and 
bound, so far as they have not been printed, 8000 copies of said 
report, 3000 copies to be bound in full law, and that the State Libra- 
rian be directed to forward the same without delay, to the Indiana 
officers in the field, and further, deliver one copy to each Indiana 
officer who may have been mustered out of the service, and may 
desire a copy, for the proper settlement of their accounts with the 
Federal Government. 

Mr. Branham moved to refer the resolutions to the Committee on 
Public Printing, with instructions to report the probable cost of said 
printing. 

Which was asreed to. 



Mr. Buskirk offered the following resolution : 

Whereas, The Honorable Nelson G. Shaffer, a Representative from 
the county of Fulton, departed this life in this city during the pres- 
ent session ; 

And Whereas, Subsequent to the death of said Shaffer, the citizens 
of the county of Fulton, of both political parties, in consideration 
of the great expense incurred by said Shaffer, and his limited 
means, and out of respect to the memory of the deceased and con- 
sideration of his family, passed a resolution requesting that no 
election should be ordered to take effect during the present session, 
and that the pay of the said Shaffer, as member of this House, 
should be paid to his widow ; therefore. 

Resolved, That the Speaker of this House be, and he is hereby 
directed, to certify in favor of Lucy Shaffer, the widow of the said 
deceased, for the full amount of pay, mileage and stationery, that 
each member of the House is entitled to. 

Mr. Newcomb, moved to strike out so much of the resolution as 
refers to stationery. 

Mr. Burwell, moved to amend by allowing fifty dollars instead of 
that stated in the resolution. 



415 

Mr. Spencer, moved to lay the motion made by Mr. Newcomb on 
the table. 

Which was not agreed to. 

The question being on the motion of Mr. Newcomb " to strike 
out." 

It was not agreed to. 

The question recurring on the resolution of Mr. Buskirk, it was 
then adopted. 

Mr. Spencer introduced House bill No. 166. A bill to amend the 
148th section of an act entitled, an act providing for the settlement 
of decedents' estates, prescribing the rights, liabilities, and duties of 
officers connected with the management thereof, and the heirs thereto, 
and certain forms to be used in such settlement, approved June 17th, 
1852. 

Which was read a first time, and, 
On motion, 

Referred to the Committee on the Judiciary. 

« 

Mr. Sim, by unanimous consent offered the following resolution : 

Resolved, That this House accept the invitation of His Excellency, 
Gov. 0. P. Morton, to visit the camps near this city, and that to-mor- 
row (Wednesday) at 2 o'clock, be fixed for said visit. 

Mr. Newcomb, moved to amend by inserting " 9 o'clock, A. M."' 
Which was agreed to. 

The resolution as amended was then adopted. 
Mr. Boyd, offered the following resolution : ' 

Resolved, That hereafter during this present session, no member 
shall be allowed to speak on any subject a longer time than ten min- 
utes unless by unanimous consent of the House. 

Mr. Griffith moved to amend by inserting " fifteen minutes " instead 
of ten. 

The question being on agreeing to the amendment. 

Mr. Hoover, moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put. 

It was so ordered. 



416 

The question being on striking out " ten" and inserting " fifteen " 
minutes. 

It was not agreed to. 

The resolution ofered by Mr. Boyd, was then adopted. 

SPECIAL ORDER FOR THE DAY. 

Mr. Kiglore called for the special order for the day, being the 2d 
and 4th resolutions reported by the majority of the Committee in the 
contested election case of Hamrick vs. Colover. 

The first question being will the House agree to the resolutions 
reported by the minority of said Committee, 

Mr. Coffroth moved to further postpone the subject, and make it 
the special order for 2 o'clock P. M., on to-morrow. 

Mr Colover moved to amend by making it the special order for 7 
o'clock this evening. 

Which was not agreed to. 

The question being on the motion made by Mr. Cofi"roth, 
It was not ao-reed to. 

Mr. Kilgore moved to make the subject the special order for the 
day for this afternoon at 3 o'clock. 
Which was agreed to. 

By Mr. Trusler, 

House bill No. 167. A bill putting a limit on pay for service in 
obtaining substitutes and volunteers for the military or naval service 
of the United States in this State, and for taking the same without 
the limit of this State, and providing penalties for the violation 
thereof, and the recovery of such penalties, and fixing the limi- 
tation of such actions, and imposing certain duties on the County 
Auditors. 

Which was read a first time, and, 
On motion, 

Referred to the Committee on Military Affairs. 

Mr E-hoads offered the following resolution : ' 

Whereas ; The present holders of the Wabash and Erie Canal are 
charged in many counties of the State, with an intention of aban- 
doning a portion of that Canal extending from Covington, in 
Fountain county, to Terre Haute, in Vigo county, and 



417 

Whereas ; 8uch abandonment would work a serious injury to the 
people of the State residing in the counties through which said 
portion runs, and is a violation of the contract whereby the said 
holders acquired possession and control ; therefore, 

Resolved^ That the Committee on Canals be instructed to investigate 
the matters set out in the above recital, and report by bill or otherwise 
what legislation is necessary to require the holders of the said Canal 
to fulfill the contract whereby they hold the same, and so to regulate 
the rates of toll that it may not be oppressive upon those desirin^ to 
ship produce and merchandise, or to use the same as a means of 
transportation for any articles whatever. 

Which, 
On motion, 

Was referred to the Committee on Canals. 

On motion by Mr. Newcomb, 

Resolved, That the lion. Austin M. Puett be allowed his per diem 
as a member of this House up to and including this day, and that he 
be paid the sum of one hundred dollars allowed to each member on 
account of stationery and newspapers, less the amount charged 
against him by the Stationery Clerk, and that the Speaker be directed 
to draw his warrant in favor of said Austin M. Puett, late a member 
of this House, in conformity with this resolution, 

Mr. Shoaff, of Allen, introduced 

House bill No. 168. A bill to amend sections 11 and 12, chapter 
seven of the Revised Statutes of 1852, part 1st, volume 2d, bein"- 
an act prescribing the powers and duties of Coroner, approved 
May 27th, 1852. 

Which was read a first time, and, 
On motion. 

Was referred to the Committee on the Judiciary. 

Mr. Ferris ofi'ered the followino: resolution : 



Be it resolved ly the House of Representatives {the Senate concur- 
ring), That Senate bill No. 55, entitled, " An act to fix the time of 
holding the Court of Common Pleas in the 5th Indiana District, 
repealing all other laws on the same subject, and declaring when 
this act shall take efiect," passed in the House February 8th, 1865, 
be returned by the Governor to the House in which it originated, for 
further consideration. 

Which, 
On motion. 

Was adopted. 

H. J.— 27 



418 
By Mr. Gregory of Warren, 

House bill No. 169. A bill to legalize the acts of John Gregory, 
a Notary Public of Warren county, Indiana. 

Which was read a first time, and, 

On motion, 
Referred to the Committee on the Judiciary. 

Mr. Cox offered the following resolution : 

Resolved, That the use of this Hall is hereby tendered to the friends 
of Temperance, for a Temperance meeting on Friday evening next. 

Which, 

On motion, 
Was adopted. 

By Mr. Stewart, 

House bill No. 170. A bill to amend section 22 of an act for the 
incorporation of towns, defining their powers, providing for the elec- 
tion of officers thereof, and declaring their duties, approved March 2d, 
1855. 

Which was read a first time, and, 
On motion, 

Referred to the Committee on Corporations. 

Mr. Woods offered the following, as an amendment to the House 
bill No. 170 : 

" Amend by inserting in the proper place the word * petroleum,' so 
as to provide safe storage for the same,'' 

And moved that it be referred, with the bill, to the Committee as 
instructions, 

Which was agreed to. 

Mr. Newcomb offered the following resolution : 

Resolved, That L. S. Newell be granted the use of the Hall of this 
House on Wednesday evening of next week, for the purpose of de- 
livering a Literary Lecture to the members of the Legislature and 
citizens. 

Which, 

On motion, 
Was adopted. 



419 

The Speaker gave uocice that carriages wouid^bb in readiness at 
the rear of the Capital, to convey the members to Camp Carrington. 

Mr. Groves moved that when the House adjourn, it adjourn till 2 
o'clock, P. M. 

Which was agreed to. 

On motion by Mr. Spencer, 
The House adjourned. 



2 o'clock, X A. 



The House met. 



Mr. Boyd asked that the Committee on Olaims|be allowed leave or 
absence for two hours this afternoon. 
Which was not agreed to. 

Mr. Buskirk moved to suspend the special order, and take up 
Senate bill No. 3. 
Which was agreed to. 

Senate bill No. 3 was taken up, and the amendments reported by 
the Select Committee were read. 

Mr. Kilgore moved to recommit the bill and amendments to the 
Committee, and have 300 copies printed, with the amendments* 

The hour having arrived for the House to proceed to consider the 
special order for the day, the same was called for» 

Mr. Church moved to suspend the special order, 

Mr. Griffith moved to amend, by making Senate bill No. 3 the 
special order, as soon as the present special order was disposed of. 
Which was agreed to. 

The motion, as amended, was then agreed to. 

SPECIAL ORDER FOR THE DAT. 

The hour having arrived for the consideration of the special order 



420 

fof the day, the House proceeded to consider the following resolutions^ 
as reported by the majority of the Committee on Elections. 

Besolved, That Ambrose B. Hamrick was duly elected as one of 
the Representatives of the State Legislature for Putnam county, In- 
diana, on the 10th day of October, A. D., 1864, and by virtue of 
such election is entitled to take his seat as such Representative m ^ 
this House. 

Resolved, That Samuel Colover, who now holds a seat in this House 
as one of the Representatives of Putnam county, Indiana, was not 
elected as such Representative ,«and is, therefore, not entitled to hold 
a seat in this House. 

Mr. Coiroth called for the reading of the minority repart. 
Which was ordered. 

Mr. Spencer moved that when that when the House adjourn it 
meet again at 2 o'clock P. M. on to-morrow. 
Which was agreed to. 

Mr. Spencer, moved that the House do now adjourn. 
Which was not agreed to. 

Messrs, Beckett and Patterson, by unanimous consent were allowed 
to record their names in the negative of the vote on ratifying the 
amendments to the Constitution, as of yesterday. 

Mr. Patterson moved that the House do now adjourn. 
Which was not agreed to. 

Mr. Hoover moved the previous question. 
Which was seconded by the House. 

The question being shall the main question be now put, 
It was so ordered. 

The question being on the adoption of the resolutions as reported 
by the minority of said Committee. 
It was not agreed to. 

Mr. Buskirk offered the following resolution : 

Resolved, That the seat now occupied by Samuel Colover, as a Re- 
presentative for Putnam County be, and the same is hereby declared 
vacant, and that the Speaker cause the Governor to be notified 
thereof. 

On the adoption of which, Messrs. Buskirk and Lasselle demanded 
the ayes and noes. 



421 

Tliose who voted in tli6 afSrmative were: 

Messrs. Beckett, Bird, Burton, Buskirk, Coffroth, Collins, Croan, 
Dunham, Glazebrook, Gregg, Hargrove, Harrison, Humphreys, Hunt, 
Lasselle, Lemon, Lee, Lopp, Miller of Clinton, Milroy, Osborn, 
Patterson, Perigo, Richardson, Boach, Sabin, Shoaf of Jay, Stenger, 
Stuckey, Sullivan of Scott, Thatcher, Veach and White — 34. 

Those who voted in the negative were '. 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burnes, Bur- 
well, Church, Cox, Crook, Ferris, Foulke, Goodman, Gregory of 
Montgomery, Gregory of Warren, Griffith, Groves, Henricks, Her- 
shey, Higgins, Hogate, Hoover, James, Johnson, Lane, Kilgore, 
Lockhart, Major, Miller of Tippecanoe, Montgomery, McVey, New- 
eomb, "Olleman, Reece, Rhoads, Riford, Shuey, Sim, Steward, Sti- 
vers, Stringer, Trusler, Upson, Welch, Whiteside, Willis, Woods, 
and Zeigler — 51. 

So the resolution was not agreed to. 

The question then recurring on the adoption of the second and 
fourth resolutions, as reported by the majority of said Committee, 
Messrs. Buskirk and Dunham demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burnes, Church, 
€ox, Crook, Ferris, Foulke, Goodman, Gregory of Montgomery, 
Gregory of Warren, Griffith, Groves, Henricks, Hershey, Higgins, 
Hogate, Hoover, James, Johnson, Kilgore, Lane, Lockhart, Major, 
Miller of Tippecanoe, Montgomery, McVey, Newcomb, OUeman, 
Reese, Rhoads, Riford, Sabin, Shuey, Sim, Stewart, Stivers, Trusler, 
Upson, Welsh, Whiteside, Willis, Woodruff, Woods,, Wright and 
Zeigler — 49. 

Those who voted in the negative were, 

Messrs. Beckett, Bird, Burton, Burwell, Buskirk, Coffroth, Collins, 
Croan, Dunham, Glazebrook, Gregg, Hargrove, Harrison, Hum- 
phreys, Hunt, Lasselle, Lee, Lemon, Lopp, Milroy, Osborn, Patter- 
son, Perigo, Richardson, Roach, Shoaf of Jay, Stenger, Stuckey, 
Sullivan of Scott, Thatcher, Veach and White — 32. 

So the resolutions were adopted. 

Mr. Newcomb moved that Mr. Colover be allowed his per diem and 
mileage up to include to-morrow. 
Which was agreed to. 

On motion by Mr. Patterson, 
The House adjourned. « 



422 



2 o'clock^ p. m. 

The House met. 

On motion by Mr. Branham, 

The reading of the journal was dispensed with. 

The Speaker asked and obtained leave to record his vote in favor 
of the second and fourth resolutions, as reported by the majority of 
the Committee on Elections, in the case of Hamrick vs. Colover. 

Mr. Hamrick, member from the county of Putnam, came forward, 
was by the Speaker sworn, took his seat and entered upon the dis- 
charge of his duties. 

SPECIAL ORDER FOR THE DAY. 

Senate bill No. 3, was taken up, together with the following amend- 
ments, reported by the Committee on the Judiciary, also, the amend- 
ment reported by the minority of the Special Committee to whom 
said bill was referred. 

The Judiciary Committee to whom was referred Senate bill No. 3, 
entitled " a bill to legalize the issuing of bonds, and making of appro- 
priations and the levy and assessment for taxes in certain cases,'' 
respectfully report back said bill, with the following amendments, 
to-wit : Insert after the word " issued " in the fourth line of section 
1st, the following words: "by or under the authority of" and to 
further amend said section by striking out the word " township." 
And to amend the 2d section of same bill, by adding thereto the fol- 
lowing : 

" Provided, that in all cases where one or more townships of a 
county had relieved the township of any given draft without any 
appropriation in aid thereof from the county, and any debt which 
have been credited by the action of the County Commissioners to pay 
counties to relieve the residue of the townships from such draft, the 
taxes hereafter levied for payment of principal or interest of such 
indebtedness, shall be levied only on the property and polls liable to 
taxation in the townships for whose benefit such debt or debts incured 
and the townships which have so filled their quotas before such indebt- 
edness was created, shall be exempted from such taxation : And 
Provided further. That the provisions of this act shall not be con- 
strued to cover or include debts contracted by individuals to relieve 
themselves from any draft that has heretofore taken place, nor shall 



I' 423 

the same be construed to authorize the assumption or payment of 
such debts by any county town or city ; but the provisions of this 
act are intended to apply to the action of counties, towns and cities, 
who have acted through their legally constituted authorities and have 
issued ther orders, bonds, or other evidences, to raise money to pay 
bounties to volunteers or drafted men who have entered the military 
service." 

And when so amended the Committee recommend the passage of 
the bill. 

The amendment proposed by the minority of the Special Com- 
mittee. 

^* Provided, That townships which have not been subject to a draft 
or call for troops, at the present and last preceeding call, shall not 
be exempt from the payment of any tax, to carry out the provisions 
of this bill." 

The pending question being on the motion made by Mr. Elilgore, 
to re-commit the bill and pending amendments to a Select Committee 
of five, and that 300 copies ordered to be printed. 

Mr. Thatcher moved the previous question. 

Which was seconded by the House. 

The question being, shall the main question be now put ? 
Which was agreed to. 

The question being on re-commiting, Messrs. Wright and Thatcher 
demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Burnes, Collins, Cook, Emerson, Ferris, Foulke, Goodman, 
Gregory of Montgomery, Groves, Hamrick, Henricks, Hershey, 
Higgins, Hoover, Humphreys, Kilgore, Lane, Major, Meredith, Miller 
of Clinton, Montgomery, McVey, Reese, Rhoads, Richardson, Sim, 
Stringer, Upson, Welch, Woodruff, Woods and Wright — 32. 

Those who voted in the negative were, 

Messrs. Banta, Beckett, Bonner, Boyd, Branham, Burton, Burwell, 
Buskirk, Church, Coffroth, Cox, Croan, Crook, Gregg, Griffith, Har- 
grove, Harrison, Hogate, Hunt, James, Johnson, Lasselle, Lee, Lemon, 
Lopp, Milroy, Newcomb, O'Brien, Osborn, Patterson, Perigo, Riford, 
Roach, Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Spencer, Stewart, 



424 

Stenger, Stivers, Thatcher, Trusler, Veach, White, Willis, Zeigler and 
Mr. Speaker. — 48. 

So the motion to recommit did not prevail. 

The question being on the amendment, as reported by the minority 
of the Special Committee, ^ 

Mr. Rhoads moved to postpone the further consideration thereof 
till Saturday next, at 9 o'clock, A. M., 
Which was agreed to. 

The question then recurring on the amendment offered by the mi- 
nority of the Committee, 
It was agreed to. 

The question then being on the amendments, as reported by the 
Judiciary Committee, 

Mr. Buskirk called for a division of the question. 
Which was ordered. 

The question being on agreeing to the first proviso of the third 
amendment, 

Messrs. Miller, of Tippecanoe, and Buskirk, demanded the ayes 
and noes. 

Those who voted in the afiirmative were, 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burnes, Church, 
Cook, Crook, Emerson, Goodman, Gregg, Gregory of Montgomery, 
Hamrick, Hershey, Higgins, Hogate, Hoover, James, Johnson, Lane, 
Lockhart, Major, Meredith, Miller of Tippecanoe, McVey, Newcomb, 
Reese, Rhoads, Riford, Shuey, Steward, Stringer, Welch, White, 
Willis, Woodruff, Woods, Wright and Zeigler— 41. 

Those who voted in the negative were, 

Messrs. Beckett, Bird, Burwell, Buskirk, Coffroth, Collins, Cox, 
Croan, Ferris, Foulke, Griffith, Groves, Hargrove, Harrison, Henricks, 
Humphreys, Hunt, Lasselle, Lee, Lemon, Lopp, Miller of Clinton, 
Milroy, Montgomery, O'Brien, Osborn, Patterson, Perigo, Richardson, 
Roach, Sabin, Shoaff of Allen, Shoaff of Jay, Sim, Spencer, Stenger, 
Stives, Thatcher, Trusler, Upson, Veach, Whiteside and Mr. Speaker 
—43. 

So the first proviso was not agreed to. 



425 

The question recurring on the second proviso of third amendment, 

Mr. Rhoads moved to indefinitely postpone the further considera- 
tions of the bill and pending amendments. 

Messrs. Wright and Burnes demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Burnes, Burton, Collins, Ferris, Goodman, Gregory of 
Montgomery, Hamrick, Hershey, Humphreys, Miller of Clinton, 
Miller of Tippecanoe, Reese, Rhoads, Richardson, Stringer, Welch, 
Woodruff, Woods and Wright — 18. 

Those who voted in the negative were, 

Messrs. Atkinson, Banta, Beckett, Bird, Bonner, Boyd, Branham, 
Burwell, Buskirk Church, Coffroth, Cook, Cox, Croan, Crook, Emer- 
son, Foulke, Gregg, Griffith, Hargrove, Harrison, Henricks, Higgins, 
Hogate, Hoover, Hunt, James, Johnson, Lane, Lasselle, Lee, Lemon, 
Lockhart, Lopp, Major, Meredith, Milroy, Montgomery, Newcomb, 
O'Brien, Osborn, Patterson, Perigo, Riford, Roach, Sabin, Shoaff of 
Allen, Shoaff of Jay, Shuey, Sim, Spencer, Stewart, Stenger, Stivers, 
Thatcher, Trusler, Upson, Veach, White, Whiteside, Willis, Zeigler 
and Mr. Speaker. — 63. 

So the motion to indefinitely postpone, did not prevail. 

Mr. Miller, of Tippecanoe, offered the following amendment to 
to the amendment: 

Provided, That any person who has paid money to raise volun- 
teers to relieve the township in which he may reside, from the draft, 
for which said bonds or orders have been issued by the Commission- 
ers of said county, shall be entitled to a credit on his or her taxes to 
the extent of the amount of his or her taxes, by making satisfactory 
proof of the paying of said money for said purpose. 

Mr. Coffroth moved to lay the amendment on the table. 

Messrs. Miller, of Tippecanoe, and Griffith demanded the ayes and 
noes. 

Those who voted in the affirmative were, 

Messrs. Beckett, Bonner, Burwell, Burton, Buskirk, Church, Coff- 
roth, Collins, Crook, Griffith, Hargrove, Harrison, Hogate, Hoover, 
Humphreys, Hunt, Johnson, Lasselle, Lee, Lemon, Lockhart, Lopp, 
Miller of Clinton, Montgomery, Newcomb, O'Brien, Osborn, Patter- 



426 

son, Roach, Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Sim, Spen- 
cer, Stewart, Stenger, Stivers, Thatcher, Trusler, Veach, Welch, 
White, Whiteside, Willis, Woods and Zeigler— 46. 

Those -who voted in the negative were, 

Messrs. Atkinson, Banta, Bird, Boyd, Branham, Burnes, Cook, 
Croan, Emerson, Ferris, Foulke, Goodman, Gregory of Montgomery, 
Ilamrick, Ilenricks, Hershey, Higgins, James, Lane, Major, Mere- 
dith, Miller of Tippecanoe, Milroy, McVey, Perigo, Reese, Rhoads, 
Richardson, Riford, Stringer, Upson, Woodruff and Wright — 33. 

So the amendment was laid on the table. 

Mr. Wright offered the following amendment to the amendment : 

Sec. — That in no case shall the property of any soldier, who is or 
been in the service of the United States, either as a volunteer or has 
drafted man, their widows or children, nor of a person who has been 
drafted and furnished a substitute, be sold for the payment of any 
taxes authorized to be assessed and collected under this bill. 

Mr. Whiteside moved to modify the amendment of Mr. Wright so 
that it shall read "that such person shall be credited on the tax 
duplicate for the amount of taxes for the purpose of relieving coun- 
ties from the draft on account of services rendered in the field. 

Which was accepted by Mr. Wright. 

Mr. Buskirk then moved to lay the amendment of Mr. Wright on 
the table. ° 

Messrs. Miller, of Tippecanoe, and Beckett demanded the ayeg 
and noes. 

Those who voted in the affirmative were, 

Messrs Beckett, Bonner, Burton, Burwell, Buskirk, Coffroth, 
Croan, Hargrove, Harrison, Humphreys, Hunt, Lemon, Miller of 
Clinton, Milroy Osborn, Perigo, Roach, Sabin, Shoaff of Allen, 
Veach~26 ^^' ^^^' ^P'""'^"' Stenger, Thatcher, Trusler, and 

Those who voted in the negative were, 

Messrs Atkinson, Banta, Boyd, Branham, Burnes, Church, Col- 
lins Cook, Cox, Crook Emerson, Ferris, Foulke, Goodman, Gregory 
of^ Montgomery, Griffith, Groves, Hamrick, Henricks, Hershey, 
Higgins, Hogate, Hoover, Johnson, Kilgore, Lane, Lee, Lockhart 



427 

Meredith, Miller of Tippecanoe, Montgomery, McYey, Ne^vcomb, 
O'Brien, Patterson, Reese, Bhoads, Richardson, Riford, Sim, Stew- 
art, Stivers, Stringer, Upson, Welch, White, Whiteside, ^\illis, 
Woodruff, Woods, Wright, Zeigler and Mr. Speaker— 54. 

So the amendment was not laid on the table. 

Mr. Rhoads moved that when the House adjourn it be till to-mor- 
row morning at 9 o'clock. 
Which was agreed to. 

Mr. Goodman moved that the House do now adjourn. 
Which was not agreed to. 

Mr. McVey offered the following resolution : 

Resolved, That the use of this Hall be tendered to Mr. Sinclair on 
to-morrow evening, February 16, 1865, for the purpose of lecturing 
on the subject of " Immigration to this State from Foreign Countries. 

Which was agreed to. 

Mr. Hamrick was appointed to fill the vacancy on the Committee 
on Corporations. 

Mr. Goodman was added to the Committee on the Southern Stat© 
Prison. 

The Speaker announced the following Committee on Petitions in 
regard to amending the Election Law offered February 15 : 

Messrs. Dunham, Newcomb and Church. 

On motion, 
The House adjourned. 



428 



THURSDAY MORNING, 9 o'clock,) 
February 16, 1865. / 

The House met pursuant to adjournment. 

On motion by Mr. Branham, the reading of the Journal was dis- 
pensed -with. 

PETITIONS, MEMORIALS, AND REMONSTRANCES. 

By Mr. James, 

Sundry petitions from citizens of Grant County, on the subject of 
Temperance. 
Which, 

On motion, 
Was referred to the Committee on Temperance, without reading. 

By Mr. Wright, 

A petition from sundry citizens of Rush County, praying the en- 
actment of a law by which a railroad may be constructed on the line 
of the Whitewater Valley Canal, not imparing the present hydraulic 
power thereof. 

Which, 
On motion. 

Was laid on the table. 

By Mr. Osborn, 

A petition on the s^me subject. 
Which was laid on the table. 

By Mr. Burwell, 

A memorial on the same subject. 
Which was laid on the table. 

By Mr. Shoaff of Jay, 

A petition from sundry citizens of Rush County, on the same 
subject. 

Which was laid on the table. 



429 

By Mr. Burnes, 

A petition on the same subject. 
Which was laid on the table. 

By Mr. Stewart, 

A petition on the same subject. 
Which, 

On motion. 
Was laid on the table. 

Mr. Zeigler obtained leave of absence on account of sickness?. 

By Mr. Hogate, 

A petition from sundry citizens of Hancock County, Indiana, pray- 
ing that the law granting license to retail spirituous and intoxicating 
liquors may be so amended as to require the applicant for license to 
procure the signatures of a majority of the voters. 

Which was referred to the Committee on Temperance. 

By Mr. Lopp, 

A petition from sundry citizens of Harrison County, praying that 
the General Assembly pass a bill providing for the payment of losses 
sustained on account of the rebel Morgan raid through this State in 
the summer of 1863. 

Which was referred to the Committee on the Judiciary. 

By Mr. Harrison, 

A petition of the members, President and seventy of the Union Agri- 
cultural Society, (composed of the Counties of Johnson, Shelby, Bar- 
tholomew and Brown,) praying the Legislature to make an appropria- 
tion in accordance with the prayer of the State Board. 

Which, 
On motion. 

Was referred to the Committee on Agriculture, 

By Mr. Banta, 

A memorial of the Union Agricultural Society of the Counties of 
Johnson, Shelby, Bartholomew and Brown, on the subject of Agri- 
culture. 

Which, 
On motion, 

Was referred to the Committee on Agriculture. 



430 
By Mr. Church, 

A petition from sundry citizens of Porter County, praying that an 
act be passed fixing the standard of qualifications of practicing phys- 
icians and surgeons, and the conditions through which said qualifica- 
tions may be made known and determined. 

Which, 

On motion, 

Was referred to the Select Committee, hereafter appointed, on the 
same subject. 

By Mr. Foulke, 

A memorial of the Committee appointed by the Richmond Horti- 
cultural Association, praying the enactment of a law for the protec- 
tion of small birds. 

Which, 
On motion, 

Was referred to the Committee on Agriculture. 

By Mr. McVey, 

A petition from a Committee appointed by the State Board of 
Agriculture, praying the Legislature to provide by law for the print- 
ing of the Agricultural Reports for the years 18(31, 1862, 1863, and 
1864, and also for the printing of the Annual Reports of the said 
Board regularly thereafter. 

Which, 
On motion, 

Was referred to the Committee on Agriculture. 

By Mr. Boyd, 

Sundry claims, which were referred to the Committee on Claims 
without reading. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Griffith, from the State Prison North, made the following 
report : 

Mr. Speaker: 

The Committee on the State Prison North, in discharge of their 
duty, have visited said Prison, and made due examination of its 
management, condition, necessities and accounts. 

Your Committee desire to bear testimony to the management and 
control thereof, and have no hesitation in saying that the present 



431 

Warden, Thomas Wood, Esq., evinces those qualities which are neces- 
sary to a proper and efficient control of those whom temptation and 
crime have placed outside of the pale of good society, and amidst the 
degrading circumstances of prison life. Energy, order, firmness and 
watchfulness upon his part, and those assisting him, demand from us 
this testimony in his behalf. 

In view of the fact that it is necessary for proper government of 
an institution of this kind, that the Warden become conversant with 
the temper, habits and disposition of those committed to his keeping 
your Committee deprecate the idea of frequent changes being made 
in the person of Warden, or that his fitness for said position be ever 
based upon political character. 

The demoralized condition and unsettled state of society conse- 
quent upon the present unhappy struggle, which engages the National 
Government, to preserve and enforce its authority, will undoubtedly 
contribute xo swell the ranks of crime, and increase the number of those 
subject to the pains and penalties of imprisonment, induces your 
Committee to earnestly ask that appropriations be made by the pres- 
ent Legislature to complete the Northern Prison, that it may thereby 
answer the purpose for which it was intended. 

Without such appropriations the purpose can not be attained ; your 
Committee representing that they have diligently investigated the 
matter, and come to a conclusion after mature deliberation. 

We find from the last report of the Directors of said Institution, 
sustained by the report to the House in 1863, and confirmed by our 
own examination of the books and accounts of the Prison, that the 
indebtedness of the Prison, to March 10th, 1863, was, of principal, 
$64,105.91, for which scrip has been issued, under the signatures of 
the Warden and Clerk, and countersigned by the Board of Control. 
All of this scrip has been due two years, and some of it nearly three. 
The parties to whom it was issued, having sold articles at a very 
small advance upon cost, or furnished labor and materials, for which 
they are patiently awaitiag recompense, justice and honor alike 
require that these parties should be paid principal and interest of 
their demand, and that the Representatives of Indiana should keep 
the honor of the State untarnished by making immediate provision 
therefor. 

It is assumed by your Committee that the sum of seventy-three 
thousand dollars will cover the indebtedness, and redeem the scrip, 
principal and interest. 

The Legislature, at its present session, with commendable alacrity, 
decided to pay interest upon claims preferred by parties residing out- 
side of Indiana. Shall we be less careful of the interests of our own 
citizens ? 

Your Committee find that the indebtedness of the Prison from the 
10th of March, 1863, until the 15th December, 1864, for which scrip 
has not been issued, amounts to $13,510.88 ; and they ask that pro- 
vision to pay this be made in the General Appropriation bill. 

Your Committee also recommend that the following sums be appro- 



432 

priated, in accordance with the suggestions in the report of the Board 
of Control, and placed, also, in the General Appropriation bill : 

For completing South Wing of Cell House $78,8-12 68 

For completing the walls and towers 20,000 00 

For completing ofiSces for Directors and Clerk 4,000 00 

For erecting and completing Hospital Building, Kitchen 

and Chapel 10,000 00 

For completing and finishing Guard House 15,000 00 

For subsistence for the Prison for years 1865 and 1866, 
including salaries of Warden, Deputy Warden, Guards, 

Directors, &c 30,000 00 

$157,842 68 

So far as appropriations for completing the Prison may be asked 
for, they seem eminently proper. 

There are no cells and the prisoners are all consequently confined 
in one room at night, in a continuous and adjacent row of beds, so 
that without great watchfulness during the whole time by the guards, 
concert of action for mutiny would be readily obtained. 

Safety and proper subordination require that the cell house be 
completed. The stone foundation for the same is already built, and 
we should think, well and permanently. Let then the brick work 
necessary, be added thereto, to erect and complete the cell house. It 
was designed to be a prison. It will not be in its perfect sense, until 
these requirements are complied with. 

Your Committee in view of the fact that David J. Gilver, former 
contractor, by borrowing money with which to prosecute his work, 
and paying bank interest thereon whilst so doing, and not receiving 
his pay from the State at the time he should have done so, has suf- 
fered pecuniary loss, and should be recompensed. They therefore 
recommend that there be allowed him in the Specific Appropriation 
bill, the sum of fifteen hundred dollars. This amount will not per- 
haps cover the loss sustained by him, but for the purpose of doing 
partial justice it is recommended. 

This much for facts and figures. 

We further recommend that the Warden be allowed the sum of two 
thousand dollars per annum, the use of the residence upon the prison 
grounds, and the necessary pasturage and garden land, but no other 
perquisites, and that the Deputy Warden be allowed the sum of one 
thousand dollars. 

Your Committee have arrived at these conclusions carefully, upon 
due investigation and proper information, and that the General 
Assembly may see proper to concur therein and agreeably to the 
suggestions we make, relative to paying the indebtedness which has 
accrued prior to March 10th, 1863, they beg leave herewith to intro- 
duce the following bill. 

All of which is respectfully submitted. 



433 

On motion by Mr. Coffroth, 

The report and bill were laid on the table. 

Message from the Senate by Mr. Whittlesey, their Secretary. 

Mr. Speaker : 

I am directed by the Senate to return to the House, for your sig- 
nature, Enrolled Joint Resolution No. 16, of the Senate. A Joint 
Resolution accepting and ratifying certain amendments to the Consti- 
tution of the United States, proposed by Congress to the Legislatures 
of the several States. 

By unanimous consent, Mr. Goodman offered the following resolu- 
tion : 

Whereas, The people of the section of the State through which the 
Morgan raid passed, are becoming alarmed^at the prospect of the 
Legislature failing to pass any law for their relief; therefore, 

Resolved, That the Committee on the Judiciary to which was 
referred Mr. Prather's House bill No. 13, for the relief of persons 
suffering from the depredations of Morgan's men, be requested to 
report said bill (or some in lieu thereof) back to the House at an 
early day, that the House may take action thereon. 

Which, 

On motion, 

Was adopted. 

Mr. Trussler from the Committee on Military affairs, made the fol- 
lowing report : 

Mr. Speaker: 

The military Committee to whom was referred House bill No. 167, 
respectfully report that they have had the same under consideration, 
and they have desired me to report the same back to the House with 
the recommendation that it do pass. 

Which, 
On motion. 

Was laid on the table. 

Mr. Boyd, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee to whom was referred the claim of J. H. Ross, for 
H. J.— -28. 



434 

coal furnished for the use of the Legislature, session of 1863, have 
had the same under consideration and beg leave to report that in 
their opinion the said Ross is entitled to the sum of four hundred 
and seventy dollars and forty cents, and ask that the same be placed 
in the specific appropriation bill for payment. 

Which, 

On motion. 

Was referred to the Committee on AVays and Means. 

Mr. Groves, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the Claim of C. 
A. Ferguson, for the sum of twenty-five dollars, for Clock furnished 
State Library, session of 1865, have had the same under considera- 
tion, and would recommend that it be allowed, and incorporated in 
the specific appropriation bill for payment. 

Which, 

On motion. 

Was referred to the Committee on Ways and Means. 

Mr. Emerson, Chairman of the Committee on Claims, made the 
following report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the claim of John 
W. Frazier, for the sum of seventeen dollars and seventy-five cents, 
for repairing desks and drawers in this House, session of 1863, have 
had the same under consideration, and would recommend that the 
claim be allowed, and incorporated in the specific appropriation bill 
for payment. 

Which was referred to the Committee on Ways and Means. 

Mr. Veach, Chairman of the Committee on Claims, made the fol- 
lowing report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the claim of 
Munson and Johnson, for the sum of sixty-eight dollars and twenty- 
five cents, for furnishing stove-pipes, furnace, and grates, &c., for State 
House, session of 1865, have had the same under consideration, and 
would recommend that it be allowed, and placed in the specific appro- 
priation bill for payment. 

Which was referred to the Committee on Ways and Means. 



435 

The Speaker announced that he had signed Senate Joint Resolu- 
tion, No. 16. 

Mr. Henricks, Chairman of the Committee on Claims, made the 
following report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the claim of E. S. 
Palmer, for the sum of forty-six dollars, for binding Lightfoot's and 
Larder's works for State Library, session 1865, have had the same 
under consideration, and would recommend that it be allowed, and 
incorporated in the specific appropriation bill for payment. 

Which, 

On motion, 

"Was referred to the Committee on Ways and Means. 

Mr. Henricks, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the claim of S. P. 
Mead, for $76.25, for carrying a prisoner from Laporte to Jefferson- 
ville State Prison, in June, 1861, which said prisoner the Warden at 
Jeffersonville refused to receive, for the reason that the law required 
him to be sent to the Northern State Prison, at Michigan City, have 
had the same under consideration, and have directed me to report the 
same back to the House, and recommend that it be laid upon the table, 
for the reason that the said Mead, who was then Sheriff of Laporte 
county, was bound to know the law in the case. 

Mr. Higgins moved to refer the report to the Committee on Ways 
and Means, with instructions to insert in the specific appropriation 
bill, the amount of fees claimed by the Sheriff for transporting said 
prisoner. 

Which was agreed to. 



o* 



Mr. Henricks, from the Committee on Claims, made the following 
report .• 

Mr. Speaker : 

The Committee on Claims, to whom was referred the claim of E. P. 
Rawlings, for loss sustained by him in consequence of a fire in the 
Jeffersonville State Prisom in June, 1856, to the amount of ^3,502.50, 
He being a joint partner with one Samuel H. Patterson in nine hun- 
dred dozen saddle trees, manufactured by them in said State Prison, 
•and there stored for sale, and which were destroyed by said fire, have 



4S(J 

had tlie same under consideration, and have directed me to report,, 
that while they are satisfied the said Rawlings sustained a loss, to the 
full amount claimed by him, your committee can see no reason why 
the State should refund the loss sustained by said Rawlings, simply 
for the reason that the loss was sustained in the State Penitentiary. 
They, therefore, recommend that said claim be not allowed. 

Mr. Cofi'roth moved the report and claim be referred to a Select 
Committee of three. 

Which was not acrreed to. 



Mr. Coffroth moved to lay the report on the table. 
Which was agreed to. 

Mr. Boyd, Chairman of the Committee on Claims, made the fol- 
lowing report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the claims for the 
several sums and purposes named below, have had the same under 
consideration, and would recommend that they be allowed and incor- 
porated in the Specific Appropriation bill for payment. 

Oriental House, for the sum of twenty-five dollars and twenty-five 
cents, for the use of a room for the Committee on Claims, for the 
session of 1865. 

Turner & Dickson, for the sum of three dollars, for patent rubber 
mops, session of 1865. 

Munson & Johnson, for the sum of seventeen dollars and five 
cents, for water pails, tumbler rnd drainer, &c., session of 1865. 

I. F. Ramsey, for the sum of ten dollars for table and desks for the 
use of House clerks, session of 1865. 

Ely & Bruner, for the sum of fifty-eight dollars, for repairing dom^e 
in Hall of Representatives, session of 1865. 
Which, 

On motion. 
Was referred to the Committee on Ways and Means, 

Mr. Burnes, Chairman of the Committee on Rights and Privileges^ 
made the following report : 

Mr. Speaker : 

The Committee on Rights and Privileges, to whom was referred 
House bill No. 78, entitled " an act to provide for the sale of certain 
lands belonging to the State of Indiana, in the Counties of Jasper 
and Newton, and to give pre-emption to actual settlers thereon," 
have had the same under consideration, and direct me to report the 
same back, and recommend that all after the enacting clause be- 



437 

stricTien out and the following amendment be inserted in lieu of tlie 
original bill : 

" That the lands belonging to the State of Indiana, in the Counties 
of Jasper and Newton, acquired by conveyance from Michael G. 
Bright, dated November 19, 1860, shall be offered for sale at public 
auction, by the Auditor and Treasurer of the Counties in which said 
lands may be situated, at the door of the Court House in said Coun- 
ties, on a day to be fixed by said Auditor and Treasurer — not sooner 
than six, nor later than eight months after the passage of this act. for 
cash in Imnd. 

" Sec. 2. It is hereby made the duty of the Auditor of State, 
v/ithin one month after the passage of this act, to make out and de- 
liver to the Auditor of Jasper County a description of said land in 
Jasper County, and to the Auditor of Newton County a description 
of the said land in Newton County. 

" Sec. 3. It shall be the duty of the Auditor and Treasurer of 
said Counties of Newton and Jasper to give notice of the time and 
place of said sale by publication in the Indiana State Journal and the 
weekly newspapers in said Counties, for four weeks successively be- 
fore the day of sale. 

'' Sec. 4. It shall be the duty of the Auditor and Treasurer of said 
Counties to sell said land at public auction to the highest bidder, in 
forty-acre tracts, or as nearly so as the same can be, unless a less or 
greater quantity by fractional section, in which case a quantity re- 
presenting the sixteenth part of a section shall be sold in a body, be 
the same more or less thrn forty acres, provided that said lands are 
not to be sold for less than one dollar and fifty cents per acre, at the 
first time said land is offered for sale. 

" Sec. 5. When any of said lands shall have been sold at said 
public sales, and the purchase money therefor has been paid over to 
the Treasurer of the County in which the land is situated, and a re- 
ceipt therefor presented to the Auditor of said County, it shall be the 
duty of the said Auditor to issue a certificate of purchase to the holder 
of said receipt showing that the purchase money has all been paid, 
and shall forthwith make out and forward to the Auditor of State a 
full return of all sales of said land. It shall be the duty of the Audi- 
tor of State, on the receipt of the return of sale and the presentation 
of said certificate, to make out and cause to be signed by the Gov- 
ernor of the State, and attested by the Secretary of State, a deed for 
all the lands contained in said certificate of purchase, and reported in 
said return of sales. 

"Sec. 6. In all cases where any person prior to the passage of 
this act shall hdve settled and made permanent improvements on any 
of said lands, by the erection of a dwelling house, or breaking and fenc- 
ing, or cultivating not less than ten acres, with the bona fide intention of 
becoming a permanent resident thereon, and shall make satisfactory 
proof before the Auditor and Treasurers of said counties in which 



I 



438 

the lands are situated of such improvement and intention of resi- 
dence, he or she shall be entitled to receive from the Auditor a cer- 
tificate of pre-emption for not more one hundred and sixty acres, 
which shall be adjoining, as near as the same can be located by pay- 
ing to the Auditor a fee of one cent per acre on the land so pre- 
empted, as a fee for said certificate, and such pre-emptioner at any 
time before the day fixed by the i^uditor and Treasurer for the pub- 
lic sale of said lands, shall be entitled to enter such pre-empted land 
^t private sale, at the rate of one dollar and fifty cents per acre, and 
shall pay the purchase money to the Treasurer, and receive a certifi- 
cate of the county and deed for the Auditor of State, from the 
Auditor, in the same manner as lands sold at public sale; but in case 
said pre-emptioner shall fail to pay to the Treasurer of said county, 
before the day of sale, the full amount of one dollar and fifty cents 
per acre for the land pre-empted by him or her, then he or she shall 
forfeit all right tO' said pre-empted land, and the same shall be sold 
in the same manner as the land not pre-empted. 

" Sec. 7. All lands which shall remain unsold after they have been 
once ofi'ered at public sale, shall be sold by the Auditor and Treasurer 
of the county in which said land may be situated, at private sale, for 
not less than one dollar and fifty cents per acre, and all lands 
remaining unsold for one year after they have been ofi'ered at public 
sale, may be sold by said ofl&cers at one dollar per acre, the pur- 
chase money to be paid and deeds obtained in like manner as at pub- 
lic sale. The Treasurer shall retain two per cent of all moneys 
received by him, as a compensation for himself and the Auditor, for 
their services, which shall be equally divided between them, and the 
])alance shall be paid over to the Treasurer of State within thirty 
days after the receipt thereof. 

" Sec. 9. That there is an emergency existing for the immedi- 
ate taking effect of this act, it shall, therefore, be in force from and 
after its passage." 

Which was laid on the table. 

Mr. Coff'roth, from the Committee on Railroads, made the follow- 
ing majority report: 

Mr. Speaker : 

The Committee on Railroads, to whom was re-committed House 
Bill No. 59, have had the same under consideration, and the majority 
of said Committee have instructed me to report the said bill back, and 
to recommend that section first be amended by adding to the conclu- 
sion thereof the following : 

''And provided further, That nothing in this act contained shall be 



439 

held or construed to make or render the State liable for any debt, 
obligation or liability of any such canal company. And provided 
further, that any railroad company with which a company may con- 
struct as aforesaid shall, for the protection of the hydraulic power of 
the canal, maintain the embankments thereof, so far as such railroad 
company occupies such embankments. And provided further, That 
no such grant, lease or conveyance shall be made by any such canal 
company of such feeder dams and feeders, and right of way for 
water to run in such canal for hydraulic purposes as supply present 
leases of water power, nor of the real estate now leased to lessees 
of water power, but all of which shall be retained and controlled bv 
the Canal Board of Directors. And provided further, That no such 
grant, lease or conveyance shall be made by any canal company, by 
which hydraulic power now in use shall be impaired, nor in any way 
impair the contracts now existing between the lessees of water power 
and such canal company. 

And the Committee further recommend that said bill be further 
amended by adding thereto the following section, to-wit : 

Section — . That if any Canal Company shall neglect or refuse 
to keep up the present hydraulic power thereof, the lessees of the 
same, or any portion of them, may organize a company or compa- 
nies for the maintenance thereof, and for this purpose shall be invested 
with all the rights of the original company to control such Canal 
feeders and dams, or parts thereof, collect the water rents, make 
repairs, lease the said water powder, and renew the present leases 
thereof: Provided, The said company or companies in no way inter- 
fere with the rights of way herein authorized, or the property of such 
railroad, and that when said bill is amended, they do recommend its 
passage. 

J. R. COFFROTH, 
A. KILGORE, 
S. A. SHOAFF, 
L. S. WRIGHT, 
J. H. WILLIS. 

Mr. Lockhart, Chairman of the Committee on Railroads, made the 
following minority report : 

Mr. Speaker : 

The minority of the Committee on Railroads, to whom was referred 
House bill No. 59, have had the same under consideration, and beg 
leave to amend the report of the majority of said Committee by 
adding the following : 

'' In making sale of any of said Canals, or of the real and personal 
property of such Canal Company, by their respective Boards, the 



440 

same shall be sold only at the chief office of the Canal. And 
said Board shall give due notice of said sale for not less than sixty 
days, in some one of the newspapers of the cities of New York and 
Cincinnati, as well as in the several newspapers pubUshed in the 
counties in which such Canal is located; and in making sale of any 
of said Canals, the same shall be sold to the highest and best bidder, 
and the proceeds of said Canal applied to the liquidation of all debts 
arising by such Canals, pro rata on the same." 

Mr. Lockhart moved to lay bill and pending amendments on the 
table, and three hundred copies be printed for the use of the House. 
AVhich was agreed to. 

Mr. Buskirk, from the Committee on Corporations, made the follow- 
ing report : 

Mr. Speaker : 

The Committee on Corporations, to whom was referred House bill 
No. 144, have had the same under consideration, and have directed 
me to report two amendments thereto, and when the same are 
adopted, they recommend the passage thereof: 

Amend section three by adding thereto the following proviso: 
" And provided further^ That such Corporation, when so formed and 
organized, shall, in suing and being sued, and in operating such rail- 
road, be subject to the general laws of this State, not inconsistent 
with said charter and amendments." 

Amend section five by adding after the word " State," in the 18th 
line, these words: " On the line of such road." 
On motion. 
The report was laid on the table. 

Mr. Griffith moved to take from the table his report on State 
Prison North, and the accompanying bill. 
Which was agreed to. 

House bill No. 171. A bill making an appropriation to pay the 
indebtedness of State Prison North, which had accrued prior to the 
11th day of March, A. D., 1863. 

Which was read a first time and passed to a second reading. 

The hour having arrived for the special order, namely : the con- 
sideration of Senate bill No. 3 and amendments : the same was taken 
up. 

The question being on the adoption of the amendment offered by 
Mr. Wright. 



441 

Mr. Newcomb moved to refer the same to a Select Committee of 
five. 

Mr. Newcomb moved the previous question. 
Which was seconded. 

The question being shall the main question be now put ? 
It was agreed to. ' 

The question being, shall the amendment of Mr. Wright be referred 
to a Select Committee of five ? 
It was agreed to. 

On motion by Mr. Branham, 

The House resolved itself into a Committee of the Whole, with 
House bill No. 160 — "a bill to raise revenue for State purposes for 
the years one thousand eight hundred and sixty-five and one thousand 
eight hundred and sixty-six" — under consideration, with Mr. Hig- 
gins in the Chair. 

After remaining in session for some time, the Committee arose, 
and made the following report, by its Chairman : 

Mr. Speaker: 

The Committee of the Whole House to whom was referred House 
bill No. 160 have had the same under consideration, and direct me to 
report said bill back to the House, and recommend its passage. 

Which was laid on the table. 

House bill No. 160 w\as taken up, and read a second time. 

Mr. Branham moved to strike out the word " current" where it 
occurs in connection with the year 1866. 
Which was aorreed to. 



o 



Mr. Branham moved that it be deemed expedient to suspend the 
constitutional rule, requiring the reading of bills on three several 
days, and that House bill No. 160 be read a third time now. 

Those who voted in the afiSrmative were, 

Messrs. Atkinson, Banta, Bird, Bonner, ^oyd, Branham, Burnes, 
Burwell, Buskirk, Church, Coffroth, Collins, Cook, Cox, Croan, Crook, 
Emerson, Ferris, Foulke, Goodman, Gregg, Gregory of Montgomery, 
Griffith, Groves, Hamrick, Hargrove, Harrison, Henricks, Hershey, 
Higgins, Hogate, Hoover, Howard, Humphreys, Hunt, James, John- 
son, Kilgore, Lane, Lasselle, Lee, Lemon, Lockhart, Lopp, Major, 



442 

Merditli, Miller of Clinton, Miller of Tippecanoe, Milroy, Mont- 
gomerj, McVej, Newcomb, O'Brien, Osborn, Patterson, Perigo, 
Reese, Riford, Roach, Sabin, Shoaff of Allen, Shoaff of Jay, Sim, 
Spencer, Stewart, Stenger, Stivers, Stringer, Sullivan of Scott, 
Thatcher, Trusler, Upson, Veach, White, Whiteside, Willis, Wood- 
ruff, Woods, Wright and Mr. Speaker— 82. 

None voting in the negative. 

So it was deemed expedient to suspend the constitutional rule. 

On motion by Mr. Branham, 

The bill was considered engrossed, and read a third time. 

The question being, shall the bill pass ? 

Those who voted in the alSrmative were, 

Messrs. Atkinson, Banta, Bird, Bonner, Boyd, Branham, Burnes^ 
Burwell, Buskirk, Coflfroth, Collins, Cook, Cox, Croan, Crook, Emer- 
son, Ferris, Foulke, Goodman, Gregg, Gregory of Montgomery, 
Griffith, Groves, Hamrick, Hargrove, Harrison, Henricks, Hershey, 
Higgins, Hogate, Hoover, Howard, Humphreys, Hunt, James, John- 
son, Kilgore, Lane, Lasselle, Lee, Lemon, Lopp, Major, Meredith, 
Miller of Clinton, Miller of Tippecanoe, Milroy, Montgomery, Mc- 
Yey, Newcomb, O'Brien, Osborn, Patterson, Perigo, Reese, Rhoads, 
Riford, Roach, Sabin, Shoaif of Allen, Shoaff of Jay, Shuey, Sim, 
Spencer, Stewart, Stenger, Stivers, Stringer, Sullivan of Scott, 
Thatcher, Upson, Veach, Welch, White, AVhiteside, Willis, Woodruff, 
Woods, Wright and Mr. Speaker — 81. 

None voting in the negative. 

The question being shall the title, as read, stand as the title of the 
bill? 

It w^as so ordered. 

So the bill passed. 

Ordered^ That the Clerk inform the Senate thereof. 

Mr. Miller, of Tippecanoe, moved that the House go into the 
Committee of the Whole House, and take up House bill No. 158. 
Which was agreed to. 

A bill to provide for the appraisement for taxation of the property 
of railroad companies within this State, and the duties of officers in 



443 

relation thereto, and repealing all laws in contravention thereof or 
inconsistent therewith, 

The House then resolved itself into Committee of the Whole, for 
the consideration of said bill, with Mr. Griffith in the Chair, 

After remaining in session some time, the Committee rose, and 
made the following report, by its Chairman. 

Mr. Speaker: 

The Committee of the Whole House, to whom was referred House 
bill No. 158, have had the same under consideration, and direct me 
to return said bill back to the House, and recommend its passage. 

House bill No. 158 was then read a second time. 

Mr. Branham moved that it be deemed expedient to suspend the 
Constitutional rule, requiring bills to be read on three several days, 
and that House bill No. 158, be considered as engrossed, and read a 
third time now. 

The aves and noes were taken under the Constitution. 

Those who voted in the affimative were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Burnes, Church, Col- 
lins, Cook, Cox, Croan, Crook, Emerson, Ferris, Foulke, Goodman, 
Gregg, Gregory of Montgomery, Griffith, Groves, Hamrick, Hargrove, 
Harrison, Henricks, Hershey, Higgins, Hogate, Hoover, Howard, 
Humphreys, Hunt, James, Johnson, Kilgore, Lane, Lasselle, Lem on, 
Lockhart, Lopp, Major, Meredith, Miller of Tippecanoe, Milroy, 
McA^ey, Newcomb, O'Brien, Osborn, Patterson, Perigo, Beece, Rhoads, 
Bichardson, Biford, Boach, Sabin, Shoaff of Allen, Shoaff of Jay, 
Shuey, Sim, Spencer, Steward, Stivers, Stringer, Sullivan of Scott, 
Thatcher, Trusler, Upson, Veach, Welch, White, Whiteside, Willis, 
Woodruff, Woods, Wright and Mr. Speaker — 75. 

None voting in the negative. 

So it was deemed expedient to suspend the Constitutional rule, and 
said bill was considered as engrossed, and read a third time. 

And the question being, shall the bill pass ? s 

Those who voted in the affirmative were, 

Messrs. Atkinson, Beckett, Bonner, Boyd, Branham, Burnes, Bur- 
well, Buskirk, Church, Cook, Cox, Croan, Crook, Ferris, Foulke^ 



444 

Goodman, Gregg, Gregory of Montgomery, Griffith, Groves, Hargrove, 
Henricks, Hershey, Higgins, Hogate, Hoover, Howard, Humphreys, 
Hunt, James, Johnson, Kilgore, Lane, Lemon, Lockhart, Lopp, Mere- 
dith, Miller of Tippecanoe, Milroy, McVey, Newcomb, O'Brien, Os- 
born, Patterson, Perigo, Reece, Rhoads, Riohardson, Riford, Roach, 
Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Sim, Spencer, Steward, 
Thatcher, Trusler, Upson, Veach, AVelch, Whiteside, Willis, Woodruff, 
Woods, Wright and Mr. Speaker — 69. 

Those who voted in the negative were, 

Messrs. Bird, Coffroth, Emerson, Stivers, Sullivan of Scott and 
White— 6. 

The question being, shall the title as read stand as the title of. the 
bill ? 

Mr. Buskirk moved to suspend the further consideration of the title 
to said bill. ., 

Which was agreed to. 

Mr. Henricks, by unanimous consent, offered the following resolu- 
tion : 



Resolved, That the regular session of this House shall commence 
9 o'clock, A. M., and 
Which was ao^reed to. 



at 9 o'clock, A. M., and 2 o'clock, P. M., until otherwise ordered. 



Mr. Woods, from the Committee on Mileage, made the following 
report : 

Mr. Speaker: 

The Committee on Mileage and Accounts, have directed me to re- 
port, the mileage of Mr. Burwell at 156 miles, and that of Mr. Lee at 
132 miles, both distances being calculated one way. 

Which was concurred in. 

Mr. Griffith, from a Select Committee, made the following report : 
Mr. Speaker: 

The Select Committee, to whom was referred House bill No. 4, en- 
titled " an act fixing the per diem and mileage of Senators and Re- 
presentatives of the General Assembly, providing officers therefor, 
and fixing the compensation thereof, and repealing all laws incon- 
sistent therewith," with pending amendments, have duly considered 



US 

the same, and have directed me to report it back to the House, with 
the following amendment, viz : 

' To strike out all after the enacting clause, and insert the following ; 

Sec. 1. That the pay of Senators and Representatives to the 
General Assembly shall be five dollara a day while in actual attend- 
ance upon, or absent from by leave, or unable from sickness, to at- 
tend upon the sessions of their respective houses, and twelve cents 
for every mile they may travel from their places of residence to the 
seat of government, and back, by the ordinary traveled route. 

Sec. 2. Each House of the General Assembly shall elect, by viva 
voce vote, the following oflBcers : The Senate one Principal Secre- 
tary, one Journal Secretary, and one Principal and one Assistant 
Doorkeeper; and the House one Principal Clerk, one Journal Clerk, 
one Principal Doorkeeper, and one Assistant Doorkeeper. 

Sec. 3. The elective officers of the Senate and House shall ap- 
point such assistants as may be necessary, and may be sanctioned by 
their respective houses, except pages, who shall be appointed by the 
President of the Senate and Speaker of the House — not to exceed 
live in the Senate and seven in the House — all of whom shall receive 
such compensation as may be provided by their respective houses at 
each session. 

Sec. 4. All acts or parts of acts inconsistaut with the provisions 
of this act are hereby lepealed. 

Sec. 5. Whereas, an emergency exists for the passage of this acty 
the same shall be in force from and after the expiration of the present 
session of the Legislature. And, when so amended, they respect- 
fully recommend its passage. 

Which was laid on the table. 

Mr. Trusler obtained leave and introduced 

House bill No. 172. A bill to fix the time of holdincr the Circuit 
Court in the Fourth Judicial Circuit, composed of the Counties of 
Decatur, Shelby, Rush, Fayette, Franklin, Union and Dearborn. 

Which, 

On motion, 

Was referred to the members from the Fourth Judicial Circuit, a 
Special Committee of three. 

Unanimous consent was given Mr. Bird to make the following re- 
port : 



446 

Mr. Speaker: 

The Committee to Yrhom was referred House bill No. 71. (" A bill 
for the relief of Ann Yizord,") have had the same under consideration, 
and have directed me to report the same back to the House, and re- 
spectfully recommend its passage. 

Which, 

On motion, 

Was laid on the table. 

Mr. Hosrate moved tiiat Mr. Hamrick be added to the Committee 
on Agriculture. 

Which was agreed to. 

Mr. Church moved that House bill No. 83 be recommitted to the 
Committee on Corporations. 
Which was agreed to. 

On motion by Mr. Goodman, 
The House adjourned. 



2 O'CLOCK, p. M. 

The House met. 

The question pending on adjournment being, shall the title as re- 
ported by the Clerk stand as the title of House bill No. 158? 
Which was agreed to. 

Ordered, That the Clerk inform tne Senate of the passage of said 
bill. 

SPECIAL ORDER FOR THE DAY. 

House bill No. 94. A bill for the organization and regulation of 
the militia of the State of Indiana, dividing the same into active 
militia of reserve, prescribing penalties for violations of said regula- 
tions, providing for the election and appointment of officers, defining 
the duties of military and civil officers in relation thereto, and pro- 
viding courts martial and military encampments, and instructions in 
military tactics, making regulations for supporting said militia, 
repealing all laws heretofore enacted on that subject, saving certain 



447 

acts therein named, and declaring an emergency for the immediate 
taking effect thereof. 

Was taken up, and read a second time. 

The amendments as reported by the Committee on Military Affairs, 
were read and agreed to. 

After which the following amendments were offered : 

Mr. Woods, moved to strike out the word " white " in the first sec- 
tion of the bill. 

Which was not agreed to. 

Mr. Higgins, moved to strike out " the sum of five cents for each 
name so enrolled," in fourth line of third section. 
Which was agreed to. 

Mr. Buskirk, moved to strike out the fourth section. 
Which was agreed to. 

Mr. Collins, moved to strike out the sixth section. 
Which was agreed to. 

Mr. Laselle, moved to amend section five in line second by insert- 
ing "not exceeding one hundred dollars." 
Which was agreed to. 

Mr. Burwell, moved to amend 7th section, in fourth line so as to 
read, '* to be fined in a sum not exceeding one hundred dollars, to 
which may be added imprisonment." 

Mr. Miller, of Tippecanoe, moved to amend the amendment by 
striking out the "first clause of the proposed amendment." 
Which was agreed to. 

Mr. Newcomb, moved to strike out " one hundred dollars " and 
insert " not less than twenty-five dollars nor more than three hun- 
dred dollars." 

Which was agreed to. 

The question then recurring on the amendment of Mr. Burwell as 
amended. 

It was agreed to. 

Mr. Rhoads, moved to insert after the word " dereliction " in sec- 
ond line of section five, the following : " shall be guilty of a misde- 
meanor." 

Which was agreed to. 



448 

Mr. Newcomb, moved to re-commit the bill and pending amend- 
ments, to the Committee on Military affairs. 
Which was agreed to. 

Mr. Johnson offered the following resolution: 

Resolved, That the State Librarian be authorized to furnish Messrs. 
Lane and Hamrick, members of this House from Putnam county, 
each a copy of Gavin and Hord's Statutes of Indiana. 

Which, 

On motion, 

Was adopted. 

Mr. Rhoads, moved to suspend the order of business, and take up 
House bill No. 119. 
Which was agreed to. 

Mr. Newcomb, moved that it be deemed expedient to suspend the 
Constitutional rule, requiring the reading of bills on three several 
days, and that the bill be read a second time now by its title. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Beckett, Bonner, Boyd, Branham, Burwell, Col- 
lins, Church, Cook, Cox, Croan, Crook, Emerson, Ferris, Foulke, 
Goodman, Gregg, Gregory of Montgomery, Griffith, Groves, Ham- 
rick, Hargrove, Harrison, Henricks, Hershey, Higgins, Hogate, Hoo- 
ver, Howard, Humphreys, Hunt, James, Johnson, Kilgore, Lane, 
Lasselle, Lemon, Major, Meredith, Miller of Tippecanoe, Montgom- 
ery, Newcomb, O'Brien, Osborn, Perigo, Reese, Rhoads, Richard- 
son, Riford, Roach, Sabin, Shoaff of Jay, Shuey, Sim, Spencer, Stew- 
ard, Stenger, Stivers, Stringer, Trusler, Upson, Veach, W^elch, White, 
Whiteside, Willis, Woodruff, Woods, Wright and Mr. Speaker— 71. 

Those who voted in the negative were, 
Messrs. Bird, Burnes, Lopp, Shoaff of Allen, Thatcher — 5. 

So it was deemed expedient to suspend the Constitutional rule, and 
House bill No. 119 was read a second time by its title. 

Mr. Newcomb, moved that the bill be laid on the table, and that 
oOO copies be ordered to be printed. 
Which was agreed to. 

Mr. Emerson, moved to suspend the order of business, and take 
up House bills on third reading. 



449 

House bill No. 2. A bill relative to the Supreme Court, and pro- 
viding compensation to the Judges thereof, 

Was taken up, the amendment reported by the Committee was read 
as follows : 

Amend by striking out the following words at the end of section 4, 
'^on the days aforesaid," and insert in lieu thereof the following : " as 
in other cases." 

And, on motion, the same was adopted. 

The bill was then considered as engrossed, and read a third time, j 

The question being, shall the bill pass ? 

Those who voted in the affirmative were : 

Mefsrs. Atkinson, Boyd, Branham, Church, Cook, Cox, Crook, 
Emerson, Ferris, Foulke, Goodman, Gregory of Montgomery, Griffith, 
Groves, Hogate, James, Johnson, Kilgore, Lane, Meredith, Miller 
of Tippecanoe, McVey, Newcomb, Reece, Rhoads, Riford, Shuey, 
Sim, Steward, Stivers, Trusler, Upson, Welch, Willis, Wright and 
Mr. Speaker— 36.^ 

Those who voted in the negative were : 

Messrs. Beckett, Bird, Bonner, Barnes, Burwell, Buskirk, Coffroth, 
Croan, Gregg, Hamrick, Hargrove, Harrison, Henricks, Hershey, 
Higgins, Hoover, Howard, Humphreys, Hunt, Lemon, Lopp, Major, 
Montgomery, O'Brien, Osborn, Perigo, Richardson, Roach, Shoaff of 
Allen, Shoaf of Jay, Spencer, Stenger, Stringer, Thatcher, Yeach, 
White, Woodruff and Woods— 38. 

So the bill failed to pass. 

House bill No. 10. A bill to amend a bill entitled, a bill to provide 
for the compensation of Township Assessors, 

Was, on motion of Mr. Branham, considered as engrossed, and 
read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bird, Bonner, Boyd, Branham, Burnes, Burwell, 
Buskirk, Church, Coffroth, Cook, Cox, Croan, Crook, Emerson, Ferris, 
H. J.— 29 



450 

Foulke, Gregg, Gregory of Montgomery, Griffith, Groves, Hamrick, 
Hargrove, Harrison, Hershey, Higgins, Hogate, Hoover, Howard, 
Humphreys, Hunt, James, Johnson, Lasselle, Major, Meredith, Miller 
of Tippecanoe, McVey, Newcomb, O'Brien, Osborn, Perigo, Reese, 
Rhoads, Richardson, Riford, Roach, Sabin, Shuey, Steward, Stenger, 
Stivers, Stringer, Sullivan of Scott, Thatcher, Upson, Veach, Welsh, 
White, Willis, Wright and Mr. Speaker— 62. 

Those who voted in the negative were, 

Messrs. Goodman, Lemon, Montgomery, Shoaff of Jay, Spencer 
and Woodruff — 6. 

\ The question being, shall the title as read, stand as the title of the 
bill? 

It was so ordered. 

So the bill passed. 9 

Ordered, That the Clerk infoim the Senate thereof. 

House bill No. 15. A bill authorizing Supervisors of roads to re- 
move fences standing near public highways on streams and water 
courses, and to turn public roads and highways on water courses to , 
the rear of buildings, where such buildings stand too near the stream, 
to give room for said roads or highways, and assess damages for losses 
occasioned thereby. 

Was taken up, and, on motion, was considered and read a third 
time. 

And the question being, shall said bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Burnes, Burwell, Bus- 
.kirk. Church, Coffroth, Cook, Cox, Croan, Crook, Emerson, Ferris, 
Foulke, Goodman, Gregg, Gregory of Montgomery, Griffith, Groves, 
Hamrick, Hargrove, Henricks, Hershey, Higgins, Hogate, Howard, 
Humphreys, Hunt, James, Johnson, Kilgore, Lane, Lasselle, Lemon, 
Lopp, Major, Meredith, Miller of Tippecanoe, Montgomery, McVey, 
Newcomb, O'Brien, Osborn, Perigo, Reese, Richardson, Riford, 
Roach, Sabin, Shoaff of Allen, Shoaff of Jay, Spencer, Sim, Stewart, 
Stenger, Stivers, Stringer, Sullivan of Scott, Thatcher, Trusler, Up- 
son, Veach, Welch, White, Willis, Woodruff, Woods, Wright and Mr. 
.Speaker — 74. 

None voting in the negative. 



451 

The question being, shall the title, as read, stand as the title of 
said bill ? 

It was agreed to. 

So the bill passed. 

Ordered, Tfeat the Clerk inform the Senate thereof. 

Mr. Miller of Tippecanoe, moved that Mr. Hamrick be added to 
the Special Committee raised by order of the resolution offered bj 
himself in reference to Mr. Lasselle* 

Which was agreed to. 

. The Speaker announced the following Special Committee on House 
bill No, 172 : 

Messrs. Trusler, Osborn, Stewart, Harrison, Gregg and Bonner. 

The Speaker announced the following Special Committee on Senate 
bill No. 3 ; 

Messrs. Newcomb, Buskirk, Wright, Church and Henricks^ 

On motion by Mr. Spencer, 

The House adjourned. 



FRIDAY MORNING, 9 o^clock,\ 
February 17, 1865. / 

The House met pursuant to adjournment. 

The Speaker ordered a call of the House, when the following mem*- 
bers answered to their names : 

Messrs. Atkinson, Beckett, Bonner, Boyd, Branham, Burnes, Bur- 
ton, Buskirk, Church, Coffroth, Collins, Cook, Cox, Croan, Crook, 
Emerson, Ferris, Foulke, Goodman, Gregg, Gregory of Montgomery, 
Griffith, Groves, Hamrick, Hargrove, Harrison, Henri cks, Hershey, 
Higgins, Hogate, Hoover, Howard, Humphreys, Hunt, James, John- 
son, Kilgore, Lane, Lasselle, Lockhart, Major, Meredith, Miller of 
Clinton, Miller of Tippecanoe, Milroy, Montgomery, McVey, O'Brien, 



4'6'2 

Osborn, Patterson, Perigo, Reese, Rboads, Rickards, Richardson, Ei- 
ford, Sabin, Slioaff of Allen, Shuey, Sim, Spencer, Stewart, Stengery- 
Stivers, Stringer, Sullivan of Scott, Thatcher, Trusler,. Upson, Veach, 
White, Whiteside, Willis, Woodruff. Woods, Wright and Mr. 
Speaker — 76. 

There being a (^uarum present, the further call was dispensed 
•with. 

On motion by Mr. Beckett, 

The reading of the Journal was dispensed with. 

Leave of absence was granted to the Special Committee on Senate- 
bill No, 3. 

Mr. Burton was granted leave of absence on a,ccount of sickness-. 

SPECIAL ORDER FOR THE DAY, 

The hour having arrived for the consideration of the special order 
for the day, the House proceeded ta consider House bill No. 8 — "a 
bill providing for the taxing of dogs, and for the payment of damage 
sustained in the maiming or killing of sheep by dogs, and providing 
penalties for the violation of any of the provisions of said act by 
officers and others ; and also repealing an act ^' to license dogs,'' 
approved March 11th, 1861, and all other laws conflicting v/ith the 
provisions of this act." 

The amendments heretofore reported by the Spexiial Committee on 
that subject, were read and adopted. 

The bill was considered as engrossed, and read a third time, and,. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bird, Bonner, Boyd, Branham, Burnes, Coffrothy 
Collins, Cook, Cox, Crook, Emerson, Ferris, Foulke, Gregg, Gregory 
■ of Montgomery, Griffith, Hamrick, Hargrove, Harrison, Hershey, 
Higgins, Hogate, Hoover, Howard, Johnson, Kilgore, Lane, Lasselle^ 
Lockhart, Major, Meredith, Miller of Clinton, Miller of Tippecanoe, 
Milroy, McVey, Montgomery, O'Brien, Patterson, Perigo, Reese, 
Rhoads, Riford, Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Sim, 
Spencer, Steward, Stringer, Stivers, Stenger, Sullivan of Scott,. 
Thatcher, Trusler, Upson, Veach, Welch, Whiteside, Willis, Woodruff,. 
Woods and Mr. Speaker — 64. 



453 

Those who voted in the negative were, 

Messrs. Groan, Goodman, Humphreys, James, Lemon, Osborn, 
Kichards, Richardson, Roach and White — 10. 

The Special Committee reported the following as an amendment to 
the title, which was read, to- wit : 

Amend the title of the bill by adding to the 1st line of the titles 
after the word " and," " providing a fund." Strike out all of the 
title of the bill after the figures 1861, in 7th line, and insert "and 
providing that nothing in this act shall be so construed as to conflict 
with the provisions of an act entitled " an act for the protection of 
sheep," approved June 15th, 1852. 

Whi-ch was agreed to. 

The title, as amended, was then adopted. 

^0 House bill No. 8 then passed. 

Ordered, That the Clerk inform -the Senate thereof. 

Message from the Senate, by Mr, "Whittlesey, their Secre tai'y : 

Mr. Speak EH-: 

I am directed by the Senate to inform the House of Representa- 
tives that the Senate has passed the following concurrent resolution 
-thereof, to-wit: 

Resolved hy the Senate, {the House concurring^ That a Committee 
of three on the part of the Senate, and a like number on the part of 
the House, be appointed to arrange for the commemorating by this 
General Assembly of the coming anniversary of Washington's Birth- 
day. 

In which the concurrence of the House is respectfully requested. 

And I am further directed to say that the President of the Senate 
has appointed Senators Brown, of Wells, Beeson and Bennett said 
Oommittee on part of the Senate. 

Leave of absence was granted Mr. Abbett, on account of sickness. 

Mr, Woods, by unanimous consent, introduced 

House bill No. 173. A bill to amend an act entitled " an act to 
-encourage the destruction of wolves," approved June 7th, 1852. 
Which was read a first time, and, 

On motion. 
Referred to the Committee on Agriculture. 



454 

PETITIONS, MEMORIALS ANI> REMONSTRANCES. 

By Mr. Shoaff, of Allen, 

A memorial from I.D. G.Nelson, President of Allen County Agri- 
cultural and Horticultural Society, in reference to the publication of 
the Reports of the State Board of Agriculture. 

Which, 

On motion, 

Was referred to the Committee on Printing. 

By Mr. Branham, 

A petition of sundry citizens of Jefferson County, asking the Leg- 
islature to provide for payment of property taken during the Morgan 
raid. 

Which, 
On motion, 

Was referred to the Committee on Claims. 

By Mr. Hogate, 

A petition from sundry citizens of Hendricks county, Indiana, 
praying for the publication by the State, for general distribution, the 
Reports of the State Board of Agriculture for the years 1861, 1862,. 
1863 and 1864. 

Which was referred to the Committee on Agriculture. 

By Mr. Lane, 

A claim from Dr. M. J. Lynch, for one hundred and fifty dollars- 
per month. 

Which was referred to the Committee on Claims without reading.. 

By Mr. Yeach, 

A claim of Hogshire & Co. 

Which was referred to the Committee on Claims, without reading. 

By Mr. Hogate, 

A claim of Case & Marsh, for $1 00. 

Which was referred to the Committee on Claims. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Willis, from the Committee on the Organization of Courts,, 
made the following report : 



455 

Mr. Speaker: 

The Committee on the Organization of Courts, to "whom was 
referred the petition of certain citizens of Cass county in reference 
to the change of courts made in said county at this session of the 
Legislature, have had the same under consideration, and direct me to 
report the following bill for their relief against the wrong complained 
of, and recommend its passage. 

Which was laid on the table. 

Mr. Boyd, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the following 
named claims for the several amounts and purposes, have had the 
same under consideration, and would recommend that they be 
allowed, and incorporated in the specific appropriation bill for pay- 
ment : 

James Gr. Douglass, for the sum of two hundred and forty-two 
dollars and eighty -five cents, for binding done for the State in 1862. 

James Mahoney, for the sum of twenty-seven dollars and seventy- 
five cents, for gas fixtures furnished for the State House in 1862. 

A. Wilson, for the sum of one thousand and seventy one dollars 
and fifty- five cents, for paper furnished the Secretary of State in 
1863. 

J. S. Walker, for two dollars and five cents, for lumber for State 
House in 1863. 

Speigel, Thorns & Co., for the sum of seventy-five cents for chairs 
for use of the Legislature, session of 1863. 

On motion, 

The report was referred to the Committee on Ways and Means, 
with instructions to incorporate said sums in the specific appropria- 
tion bill. 

Mr. James off'ered the following resolution : 

Resolved hy the House {the Senate concurring therein), That a Joint 
Committee consisting of three members of the Committee on Corpo- 
rations of the House, and three members from the Committee on Cor- 
porations of the Senate, be appointed, and that all bills to amend 
the general law providing for the incorporation of cities, be referred 
to said Joint Committee, with instructions to inquire into the expedi- 
ency of enacting a new law to take the place of the act of 1857, 
and embodying all amendments to be subsequently made to said act, 



456 

and all amendments ■which, in the judgment of said Ccmmittee, 
ought to be made thereto. 

Which was adopted. 

Mr. Kilgore introduced 

House bill No. 174. A bill for the protection of fish in the rivers, 
streams, lakes and ponds within the State of Indiana, except the 
Ohio river and Lake Michigan. 

Which was read a first time, and, 

On motion, 
Referred to the Committee on the Rights and Privileges of the 
Inhabitants of the State. 

Mr. Cofii'oth moved to make House bill No. 58, the special order 
for the day at 2 o'clock this afternoon. 
Which was agreed to. 

By Mr. Miller, 

House bill No. 175. A bill supplemental to an act to fix the times 
holding the Circuit Courts ii 
Which was read a first time. 



of holding the Circuit Courts in the Eleventh Judicial Circuit. 



Mr. Miller, of Tippecanoe, moved that it be deemed expedient to 
suspend the Constitutional rule, requiring bills to be read on three 
several days, and read said bill a second time now. 

The ayes and noes were taken under the Constitution. 
Those who voted in the affirmative were, 

Messrs. Atkinson, Boyd, Branham, Burnes, Cook, Cox, Croan, 
Emerson, Ferris, Foulke, Goodman, Grregg, Gregory of Montgomer}^, 
Griffith, Groves, Ilamrick, Hershey, Higgins, Hogate, Lane,'^Laselle, 
Lemon, Major, Meredith, Miller of Tippecanoe, O'Brien, Osborn, 
Patterson, Rhoads, Riford, Sim, Stenger, Stivers, Stringer, Upson, 
Veach, Welch, Whiteside, Willis, Woodruff, Wright and Mr. Speaker 
—42. 

Those who voted in the negative were, 

Messrs. Bird, Bonner, Buskirk, Coffroth, Collins, Crook, Hargrove, 
Harrison, Hoover, Howard, Humphreys, Hunt, Kilgore, Lockhart, 
Miller of Clinton, Milroy, Montgomery, Reece, Richards Richardson, 
Roach, Sabin, Shoaff of Jay, Shuey, Spencer, Stewart, Sullivan of 
Scott, Thatcher, Trusler and White— 31. 



457 
So it was not deemed expedient to suspend said Constitutional rule. 

Mr. Coffroth moved to refer the bill to a Select Committee, com- 
posed of members from the Eleventh Judicial Circuit. 
Which was agreed to. 

Mr. Branham, by unanimous consent, introduced House bill No. 
176. A bill making general appropriations for the years 1865 and 
1866. 

AVhich was read a first time. 

Mr. Branham moved that it be deemed expedient to suspend the 
Constitutional rule, requiring bills to be read on three several days, 
and read said bill a second time now. 

The ayes and noes were taken under the Constitution. 

Those who voted in the affirmative were, 

Messrs. xitkinson, Bonner, Boyd, Branham, Burnes, Church, Cook, 
Cox, Croan, Crook, Emerson, Foulke, Goodman, Gregory of Mont- 
gomery, Griffith, Groves, Hamrick, Henricks, Hershey, Higgins, 
Hogate, Hoover, How^ard, James, Johnson, Lane, Lockhart, Major, 
Meredith, Montgomery, McVey, Newcomb, Reece, Rhoads, Kichard- 
son, Riford, Sabin, Steward, Stivers, Stringer, Upson, Veach, White- 
side, Willis, Woodruff, Woods, Wright and Mr. Speaker— 47. 

Those who voted in the negative were, 

Messrs. Beckett, Bird, Burwell, Buskirk, Coffroth, Collins, Gregg, 
Hargrove, Harrison, Howard, Humphreys, Hunt, Lasselle, Lemon, 
Osborn, Patterson, Perigo, Richards, Roach, Shoaff of Allen, Spen- 
cer, Thatcher and White — 25. 

So it was not deemed expedient to suspend the Constitutional rule. 

Said bill passed to a second i-eading on to-morrow. 
Mr. Thatcher introduced. 

House bill No. 177. A bill to amend section 14-3 of an act enti- 
tled an act, amendatory of an act to provide for the publication of 
delinquents, approved May 31st, 1861. 

Which was read a first time, and, 

On motion, • 

Referred to the Committee on Printing. 

Mr. Meredith moved to suspend the order of business and take up 
House bills on third reading. 
Which was agreed to. 



458 

HOUSE BILLS ON THIKD READING. • 

House bill No. 4. A bill fixing the per diem and mileage of Sen- 
ators and Representatives of the General Assembly, providing offi- 
cers therefor, and fixing the compensation thereof, and repealino- all 
laws inconsistent therewith, was taken up. ° 

The amendments as reported by the Committee were read. 

The question being on agreeing to said amendments. 

Mr. Meredith, moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put? 

There not being a quorum voting, * 

A call of the House was ordered. 

When the following members answered to their names. 

Messrs. Bird, Boyd, Branham, Burnes, Buskirk, Church, Coffroth, 
Collins, Cook, Cox, Croan, Crook, Ferris, Foulke, Goodman, Gre<ycr, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Ha'S' 
rick, Hargrove, Harrison, Henricks, Hershey, Higgins, Hogate, 
Hoover, Howard, Hunt, Johnson, Kilgore, Lane, Lasselle, Lemon. 
Lockhart, Major, Meredith, Miller of Clinton, Miller of Tippecanoe^ 
Montgomery, McYey, Newcomb, Osborn, Patterson, Perigo, Reese, 
Rhoads, Richards, Richardson, Riford, Roach, Sabin, Shoaff of Jay, 
Shuey, Sim, Spencer, Stewart, Stenger, Stivers, Stringer, Sullivan of 
Scott, Thatcher, Trusler, Upson, Veach, Welch, White, Whiteside, 
Willis, Woods and Wright— 71. 

Mr. Coffroth moved that absentees be sent for. 

On motion by Mr. Branham, 

The further call was dispensed with. 

The question being on agreeing to the amendments as reported by 
the Committee, 
It was agreed to. 

The question being, shall said bill be considered as engrossed and 
read a third time ? 
It was agreed to. 



So House bill No. 4 was read a third time, and the question bein<y, 
shall the bill pass ? ^ 



459 

Those who voted in the affirmative were, 

Messrs. Bird, Boyd, Buskirk, Church, Cook, Crook, Gregg, Grif- 
fith Groves, Harrison, Howard, Humphreys, Lasselle, Meredith, 
Miller of Clinton, Miller of Tippecanoe, McYey, Newcomb, Osborn, 
Reese, Rhoads, Stenger, Stivers, Upson, Veach, Welch, Whiteside 
and Willis— 28. 

Those who voted in the negative were, 

Messrs Atkinson, Beckett, Bonner, Branham, Burnes, Coffroth, 
Collins Cox, Croan, Emerson, Ferris, Foulke, Goodman, Gregory of 
Montgomery, Gregory of Warren, Hamrick, Hargrove, Henricks, 
Hershey Higf^ins, Hogate, Hoover, Hunt, James, Johnson, Kilgore, 
Lane, Lemon^ Lockhart, Major, Montgomery, O'Brien, Patterson, 
Perigo, Richards, Richardson, Riford, Roach, Sabm, bhoafi ot Jay, 
Shuey, Sim, Spencer, Stewart, Stringer, Sullivan of Scott, Thatcher, 
Trusler, White, Woodruff, Woods, Wright and Mr. Speaker— 51. 

So the bill did not pass. 

Mr. Henricks moved to reconsider the vote whereby House bill 
No. 4 was lost, and to lay the motion to reconsider on the table. 

Messrs. Buskirk and Griffith demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Beckett, Bird, Bonner, Branham, Cox, Croan, 
Emerson, Foulke, Goodman, Gregory of Montgomery, Gregory ot 
Warren, Hamrick, Henricks, Hershey, Hoover, James, Johnson, 
Lane, Lockhart, Major, Montgomery, Riford, Sabm, Shoaff of Jay, 
Stringer, Thatcher, Willis, Woodruff, Woods, Wright and Mr. 
Speaker — 32. 

Those who voted in the negative were, 

Messrs. Boyd, Burnes, Buskirk, Church, Collins, Cook, Crook, 
Ferris, Gregg, Griffith, Groves, Hargrove, Harrison, Hogate, How- 
ard, Humphreys, Hunt, Kilgore, Lasselle, Lemon, Meredith, Miller 
of Clinton, Miller of Tippecanoe, McVey, Newcomb, Osborn, Perigo, 
Reese, Rhoads, Richards, Richardson, Roach, Shuey, Sim, Spencer, 
Stewart, Stenger, Stivers, Sullivan of Seott, Trusler, Upson, Yeach, 
Welch, White and Whiteside— 46. 

So the motion to reconsider was not laid on the table. 

The question then recurring on the motion to reconsider the vote 
whereby said bill failed to pass. 



460 

Messrs. Henricks and Lockhart demanded the ayes and noes: 
Those who voted in the affirmative were, 

Messrs. Atkinson, Bird, Buskirk, Church, Collins, Cook, Crook 
<.regg Gregory of Warren, Griffith, Groves, Harrison Howard 
Humphreys, K, gore, Lasselle, Lemon, Miller of Tippecanoe New- 
comb, O'Br.en, Osborn, Reese, Rhoads, Shuey, Sim, Spencer!' Stew- 

Th<>se who voted in the negative were, 

Messrs. Beckett, Bonner, Boyd, Branham, Burnes Coffroth Crmn 
Emerson, Ferris Poulke, Goodman, Gregory of Montgomery', Ham-' 

J^h'nflT''' /'''t'?''.^','?^.''^' ^'Sgins, Hogue, Hoover, James, 
Johnson, Lane, Lockhart, Major Montgomery, Patterson Peri^o 
Richards, Kichardson Riford, I^oach, Sa4, ShJa/of JaT, StrS' 
Thatcher, White, Willis, Woodruff, Woods and Wright-41. ^ ' 

So the motion to reconsider did not prevail. 

Senate Ml Nn'-f™''/\', ^tf Committee, to whom was referred 
aenate bill No. 6, made the following report: 

Mr. Speaker : 

The Select Committee, to whom was referred Senate bill No 3 
tT^n nn7r ^•""r^'"''' '^'^'^ ^^'^ '^' ^^"^ ™der conside'ra-' 

that ,»id hil % ? '? "' '" '^P"""' *'^^ ""^^ ^''^' »"'' recommend 
that said bill be stricken out from its enacting clause, and that the 

accompanying amendments be inserted in the place thereof. 

The majority of the Committee have also directed me to recom- 
mend, that the amendment offered by Mr. Wright, of Jefferson and 
he amendment thereto offered by 4. Whiteside of the coun^es of 
Wabash and Kosciusko, with reference to the property of soldiers be 
laid on the table, and give the following reasons therefor. 

The first section of article 10 of the Constitution, reads as follows: 

ealn-nte^oT'^' Assembly shall provide by law for a uniform and 
.qual late of assessment and taxation, and shall prescribe such regu- 
lations as shall secure a just valuation for taxation of all propeHy 
both real and personal excepting such only for municipal, educational 

'^Sd'vif;.' "'^'°" "• ^'^^^''^'^^^ p"^p°-' - -^ -^^ ^p--"i 

This section is broad and comprehensible ; under it all 



assessment 



461 

and taxation mast be uniform and equal, and there must be a just 
valuation for taxation of all property both real and personal. The 
General Assembly may exempt from assessment and taxation property 
for the purposes specified in said section, but there is no rule of con- 
struction by which the exemption of saldjers can be inehided within* 
the provisions of said section. 

^ The Supreme Court of Ohio, in speaking of a similar clause in the 
Constitution of that State, says : " But the very express exemption 
excludes the idea that any other or further exemption can be made/' 

The same Court say : '' Taxing by a uniform rule requiTes uni- 
formity not only in the rate of taxation, but also uniformity in the 
mode of assessment upon the taxable valuation. Uniformity in tax- 
ing implies equality in the burden of taxation ; and this equality of 
burden cannot exist without uniformity in the mode of assessment as 
well as in the rate of taxation. But this is not all ; the uniformity 
must be co-extensive with the territory to which it applies. If a 
State tax, it must be uniform over the State; if a county, town or 
city tax, it must be uniform throughout the extent of the territory 
to which it is applicable. But the uniformity in the rule required by 
the Constitution does not stop here. It must be extended to aU 
property subject to taxation; so that all property may be taxed alike 
equally, which is taxing by a uniform rule. (3 Ohio State, p. 7). 

The Supreme Court of Wisconsin, in speaking of a similar provi- 
sien m the Constitution of that State, say: ''A city or county i?. 
not the State, and if it contracts a debt, that is not a State debt 
But when either exercised the taxing power, it is acting for the 
State, as taxation is an attribute of sovereignty. Where, therefore 
the Constitution requires the rule of taxation to be uniform, I think 
It extends to all taxation by the State, whether acting directly or by 
delegating its authority to political corporations. The object of this 
provision was to protect the citizens against unequal and consequently 
unjust taxation; and this object would already be defeated by the 
btate, by delegating the power, placing its agents beyond the restric- 
tion of the rule." 

The Supreme Court of Indiana, in the case of the State vs. Ham- 
ilton, (5 Ind., p. UO) says, in speaking of the section of our Consti- 
tution above quoted: "Nor would a construction of the existincr 
tax law by such a rule of assessment of railroad companies as i% 
contended for by the defendant render said law accordant with the 
spirit, at any rate, of the section of the Constitution quoted, in 
another particular, which is, that the rate of assessment and taxa- 
tion must be equal and uniform, for that law expressly taxes all the 
property of individual manufacturing and mercantile companies, 
whether paid or not. If, then, as the Constitution declares, taxation 
is to be equal and uniform, corporations cannot be exempted by law 



462 

from tlie same rule of taxation to which individuals are subjected* 
Nor shall they be. The protection of the government is extended 
alike to all within its jurisdiction, corporations included, and its 
burdens shall fall with equal weight, as far as practicable, upon all 
within the same limits. We are told in argument that railroads 
greatly benefit the public. We admit it, and so do the men who go 
into forests and open new farms, and erect upon them good improve 
ments. But whether, for this reason, can be favored especially by 
the taxing power of this State. 

The Committee concede that in many instances it will work great 
hardship to tax the property of soldiers, and regret that the Gen- 
eral Assembly does not possess the power to make the exemption, 
and no doubt is entertained that every member of this Legislature, 
and the great mass of the people of the State would gladly and 
promptly relieve our brave and patriotic soldiers from the burdens 
of taxation, if the same could be done in accordance with the Con- 
stitution. 

The Committee cannot better answer the plea of necessity and 
hardship than by quoting from a decision of the Supreme Court of 
Minnesota as to the constitutionality of a law of that State designed 
to aid in putting down the rebellion, which is in these words : 

' "If the or State governmental officers were always peaceful and 
quiet, and legislation never attended with undue excitement, many of 
the restrictions imposed by constitutional government upon legisla- 
tive power might be dispensed with as unnecessary ; but it is pre- 
cisely because emergencies will arise which, for the time, seem to 
demand or justify a resort to radical and extreme measures, that 
these various inhibitions are declared in the fundamental law ; and 
as extraordinary acts of legislation are seldom resorted to, except 
when the public exigencies seem to demand them, it may truly be 
said that these provisions are inserted in constitutions for the very 
purpose of meeting this plea of necessity." 

Hence, the greater the seeming necessity or popular demand for 
such legislation, the greater the danger to be apprehended from 
yielding to it, and the more imperative the obligation on the part of 
the courts to square it vigorously by the construction, as no act in 
conflict with that enactment can ever become a law, however just, 
abstractly considered, its provisions may be ; or, however great and 
immediate the apparent necessity for such an enactment, still the very 
fact that the act was passed u»der such a state of excitement, admon- 
ishes us of the necessity of carefully examining its several provisions, 
lest in our anxiety to punish the guilty authors and abettors of our 
National troubles, we do far greater i injury to ourselves by for- 
getting justice and disregarding the wholesome restraints of our fun- 
damental law." 



463 

The Committee has not had the tune or opportunity to hunt up and 
produce the decisions' of other courts, but the Committee is well sat- 
isfied that the same rule of decision has been adopted in nearly all 
the States. The question is too plain and undoubted to admit of argu- 
ment in opposition to the position assumed by the Committee. 

This part of the report is concurred in by all the members of the 
Committee except the gentleman from Jefferson. 

That all bonds or orders heretofore issued, or appropriations made 
by or under the authority of the Boards of Commissioners of the 
several counties of this State, and the incorporated cities and towns 
thereof, for the purpose of procuring or furnishing volunteers and 
drafted men for the army and navy of the United States, or for main- 
taining the families of volunteers, soldiers, substitutes, or drafted 
men, or otherwise to aid the Government in suppressing the rebellion, 
be, and the same are hereby ratified, affirmed and legalized. 

Sec. 2. That any levy and assessment for taxes, made by any 
incorporated city or town, or Board of County Commissioners of any 
county of this State, to procure means to pay any appropriation by 
them made, or bonds or orders issued for the purposes in the fore- 
going section enumerated, be, and the same are hereby, legalized : 
Provided, That the Board of Commissioners of such counties, and 
the municipal authorities of cities and towns, as may have issued 
bonds or orders, or made appropriations for the purposes enumerated 
in the first section of this act, be, and they are hereby, required to 
levy and collect a tax sufficient to pay at least one-third of the amount 
of such bonds, orders and appropriations in each of the years 1865, 
1866 and 1867; which said taxes shall be levied and collected as 
other county taxes are levied and collected ; and when so collected, 
shall be applied to the payment of such bonds, orders and appropria- 
tions, in equal proportion to the amount of such bonds, orders and 
appropriations ; Provided, further , That the provisions of this act 
shall not be construed to cover or include debts contracted by indi- 
viduals, to relieve themselves from any draft that has heretofore taken 
place ; nor shall the same be construed to authorize the assumption 
or payment of such debts by any county, town or city ; but the pro- 
visions of this act are intended to apply to the action of counties, 
towns and cities, who have acted through their legally constituted 
authorities, and have issued their bonds, orders, or other evidences of 
indebtedness, to raise money to pay bounties to volunteers and drafted 
men, who have entered the military service of the United States, or 
to maintain and support the families of volunteers, drafted men and 
substitutes. And provided further, That where such action shall 
become necessary or proper to carry into effect the intentions and 
purposes of this act, it shall be lawful for the Boards of Commis- 
sioners of any county, or municipal authorities of any incorporated 
town or city, which may have issued bonds and orders as aforesaid, 
to hereafter make such order or orders as may be necessary to con- 
firm, ratify or legalize such bonds and orders, and make them valid 
and binding, as substituting debts against such county, town or city. 



464 

Sec. 3. After the quota of troops now due from this State, on the 
hist call of the President of the United States for three hundred 
thousand men, is filled, it shall be unla-wful for any Board of Com- 
missioners of any county, or the municipal authorities of any city or 
town of the State, to make any appropriations from their respective 
treasuries, or to issue any bonds, orders, or other evidences of indebt- 
edness, for the purpose of paying bounties to volunteers, drafted men 
or substitutes, who have, or may hereafter, enter the military service 
of the United States. 

Sec. 5. Whereas, an emergency exists for the immediate taking 
eftect of this act, therefore, the same shall take effect and be in force 
from and after the passage thereof. 

Mr. Shoaff, of Jay, moved to take up the message from the Senate, 
with accompanying resolution, in reference to a proper observance of 
the 22d of February. 

Which was agreed to. 

Which were read and concurred in. 

The Speaker announced the following, as the Committee on the 
part of the House : 

Messrs. Newcomb, Gregg and Lane. 

The Speaker announced the following Joint Special Committee on 
the part of the House, on Cities and Towns, as per Resolution of 
16th instant : 

Messrs. Hamrick, Buskirk and Foulke. 

On motion. 
The House adjourned. 



2 o'clock, p. M. 



The House met. 

Mr. Meredith, by unanimous consent, moved that House bill No. 
122, be taken up. 
Which was agreed to. 



465 

House Hll No. 122. A bill to amend sections six and ten of an 
act entitled, " an act to provide for and regulate the inspection of to- 
bacco throughout the Stateof Indiana," approved February 12th, 1857, 

Was read a third time, and the question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Banta, Bonner, Boyd, Branham, Burnes, Bur- 
well, Buskirk, Church, Coffroth, Cook, Croan, Crook, Emerson, Ferris, 
Foulke, Goodman, Gregg, Gregory of Montgomery, Gregory of War- 
ren, Groves, Hargrove, Harrison, Hershey, Higgins, Hogate, Hoover, 
Howard, Humphreys, Hunt, James, Johnson, Kilgore, Lemon, Lock- 
hart, Meredith, Miller of Clinton, Miller of Tippecanoe, Montgomery, 
McVey, Newcomb, G'Brien, Osborn, Patterson, Perigo, Reese, Bhoads, 
Richards, Richardson, Riford, Sabin, ShoafF of Allen, Shoaff of Jay, 
Shuey, Sim, Steward, Stenger, Stivers, Stringer, Sullivan of Scott, 
Upson, Veach, Welch, White, Whiteside, Willis, Woodruff, Wright 
and Mr. Speaker — 68. 

Those who voted in the negative were, 

Messrs. Bird and Collins — 2. 

So the bill passed. 

*■■ 
The question being, shall the title as read stand as the title to the 
%ill? 

It was so ordered. 

Ordered^ That the Clerk inform the Senate of the passage of said 
bill. 

SPECIAL ORDER FOR THE DAY. 

House bill No. 59. A bill to authorize Railroad Companies to oc- 
cupy and use for Railroad purposes, the property of Canal Companies, 
with their consent, and to secure them in such occupation and use, 

Was taken up. 

Mr. Miller of Tippecanoe, moved to postpone the special order till 
2 o'clock to-morrow. 

Which was not agreed to. 

Majority and minority reports, with amendments, were read. 

The question being on agreeing to the amendments reported by 
the minority of said Committee^ 
H. J.— 30 



466 

Mr. Sim moved to add to the end of the minority report, the fol- 
lowing : 

Provided, That the valid judgments and mortgage liens on such 
Canal, or any of the property contained in this act, shall be paid in^ 
the order of their priority. 

Mr. Buskirk, moved to strike out the words pro rata in last line of 
section. 

Which was accepted by Mr. Sim. 

Mr. Coffroth offered the following amendment to the bill. 

And provided, That the provisions of this act shall not apply to 
any lands now in the hands of Trustees and which has been takeR 
or is in any way held as security for the public debt. 

Mr. Coffroth moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question- be now put ? 
It was so ordered. 

The question then being on the amendment offered by Mr. Sim, 
It was not agreed to. 

The question then being on the adoption of the amendments offered" 
by the minority of the committee. 

Messrs. Miller, of Tippecanoe, and Lockhart, demanded the aye? 
and noes. 

Those who voted in the affirmative were, 

Messrs. Banta, Gregory of Warren, Groves, Her&hey, Hoover, 
Lockhart, Miller of Tippecanoe, McVey, Newcomb, Riford, Sabin^ 
Sim, Steward, Trusler and Woodruff — 15. , 

Those who voted in the negative were, 

Messrs. Atkinson, Bird Bonner, Boyd, Branham, Burnes, Burwell, 
Church, Coffroth, Collins, Cook, Cox, Crook, Emerson, Ferris, Foulke,- 
Goodman, Gregg, Griffith, Hamriek, Hargrove, Harrison, Higgins, 
Hogate, Howard, Humphreys, Hunt, Kilgore, Lane, Lemon, Mere- 
dith, Miller of Clinton, Montgomery, O'Brien, Osborn, Patterson, 
Perigo, Reece, Rhoads, Richardson, Richards, Roach, Shoaff of Jay, 
Shoaff of Allen, Spencer, Stenger, Stivers, Stringer, Sullivan of Scott,. 



4t>7 

Thatcher, Upson, Veacb, Welch, White, Whiteside, Willis, Wooda, 
Wright and Mr. Speaker — 60. , 

So the amendments were not agreed to. 

The question recurring on the vimendment offered by Mr. Coffroth. 
[t was agreed to. 

The question then recurring on the amendments reported by th« 
majority of the Committee on Kailroads. 
Which were agreed to. 



u 



Mr. Higgins, by unanimous consent, moved to add after the word 
authorize " in eleventh line of first section, these words : " or to 
suffer." 

Which was agreed to. 

On motion, 
The bill was considered as engrossed and House bill No. 59, was 
read a third time, and, 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Beckett Bonner, Boyd, Branhara, Burnes, Bur- 
well, Buskirk, Church. Coffroth, Cook, Cox, Crook, Emerson, Ferris, 
E'oulke, Goodman, Gregg, Gregory of Warren, Griffith, Groves, Ham- 
rick. Hargrove, Harrison, Higgins, Hogate, Howard, Humphreys, 
Hunt, Kilgore, Lane, Lasselle, Lemon, Meredith, Miller of Clinton, 
Montgomery, Newcomb, O'Brien, Osborn, Patterson, Perigo, Reese, 
Rhoads, Richards, Richardson, Riford, Roach, Shoaff of Jay, Shuey, 
Spencer, Steward, Stenger, Stivers, Sullivan of Scott, Thatcher, 
Trusler, Upson, Veach, Welch. AVhite, Whiteside, Willis, Woodruff, 
Woods, Wright and Mr. Speaker — 6^. 

Those who voted in the negative were, 

Messrs. Banta, Bird, Collins, Hershey, Hoover, Lockhart, Miller 
of Tippecanoe, McVey, Sabin, Shoaff of Allen, Sim and Stringer — 12. 

Mr. Coffroth offered the following amendment to the title : 

"And, for the protection of the hydraulic powers of each canal, 
and to authorize the lessees of the water privileges in said canal to 
authorize a company or companies for the maintenance thereof, in 
case of the failure of said canal company to maintain the sarae^" 

Which was agreed to. 

The title as amended was adopted. 



468 

Ordered, That the Clerk inform the Senate of the passage of said 
bill. 

Mr. Rhoads moved to take from the table House bill No. 178. 
Which was agreed to. 

A bill (No. 178) to provide for a general system of common 
schools, the officers thereof and their respective powers and duties, 
and matters properly connected therewith, and for the establishment 
and regulation of township libraries, and to repeal all laws inconsist- 
ant therewith. 

Mr. Rhoads moved that it be deemed expedient to suspend the 
constitutional rule requiring bills to be read on three several days, 
and read said bill by its title. 

The ayes and noes were taken under the Constitution. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Banta, Beckett, Bird, Bonner, Boyd, Branham, 
Burnes, Buskirk, Church, Coffroth, Cook, Cox, Crook, Emerson, Fer- 
ris, Foulke, Goodman, Gregg, Gregory of Montgomery, Gregory of 
Warren, Griffith, Groves, Hamrick, Hargrove, Harrison, Hershey, 
Higgins, Hogate, Howard, Humphreys, Hunt, Lane, Lemon, Lock- 
hart, Meredith, Miller of Clinton, Miller of Tippecanoe, Montgomery, 
McVey, Newcomb, Osborn, Patterson, Perigo, Reese, Rhoads, Rich- 
ards, Richardson, Riford, Roach, Sabin, Shoaff of Allen, Shoaff of 
Jay, Shuey, Sim, Spencer, Stewart, Stenger, Stringer, Sullivan of 
Scott, Thatcher, Upson, Veach, Welch, White, Whiteside, Willis, 
Woodruff, Woods and Mr. Speaker— 70. 

None voting in the negative. 

So it was deemed expedient to suspend the constitutional rule, and 
said bill was read a first time by its title. 

Mr. Rhoads moved to make said bill the special order for the day 
for Wednesday morning next, at 10 o'clock. 
Which was agreed to. 

Mr. Higgins moved that when the House adjourn it adjourn till 2 
o'clock, P M., of Monday next. 
Which was agreed to. 

Mr. Branham moved to take up House bill No. 89. 
Which was agreed to. 

House bill No. 89. A bill to allow cities and towns to permit the 



469 

location of railroads on the streets and alleys for the purpose of con- 
veying coal into and through said cities and towns. 
Was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Beckett, Bird, Bonner, Boyd, Branham, Burnes, 
Church, Coftroth, Cook, Cox, Crook, Emerson, Ferris, Foulke, Good- 
man, Gregg, Gregory of Warren, Groves, Hamrick, Harrison, Iler- 
shey, Higgins, Hogate, Hoover, Howard, Humphreys, Hunt, Kil- 
gore, Lane, Lee, Lemon, Lockhart, Meredith, Miller of Tippecanoe. 
Montgomery, McVey, Newcomb, O'Brien, Osborn, Perigo, Reese, 
Rhoads, Richards, Richardson, Riford, Roach, Sabin, Shoaff of Allen. 
Shoaff of Jay, Shuey, Sim, Stewart, Stenger, Stringer, Sullivan of 
Scott, Thatcher, Trusler, Upson, Veach, Welch, White, Whiteside, 
Willis, Woodruff, Woods, Wright and Mr. Speaker— 70. 

None voting in the negative. 

The question being, shall the title as read stand as the title of the 
bill ? 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

Leave of absence was granted Mr. James, on account of sickness. 

And also, to the Committee on State Prison South, from Monday 
night until Thursday morning next, at 9 o'clock. 

Mr. Church moved that Senate bill No. 3, be made the special order 
for 2 o'clock, P. M., of Tuesday next. 
Which was agreed to. 

On motion, by Mr. Burnes, 
The House adjourned. 



470 

2 o'clock, p. m. 



The House met. 



The Speaker ordered a call of the House, when the following mem- 
bers answered to their names : 

Messrs. Abbett, Atkinson, Banta, Beckett, Bird, Boyd, Branham. 
Brown, Burnes, Chambers, Collins, Cox, Croan, Emerson, Ferris. 
Foulke, Goodman, Gregrg, Gregory of Montgomery, Gregory of War- 
ren, Griffith, Groves, Hamrick, Hargrove, Harrison, Higgins, Hogate, 
Hoover, Hunt, Kilgore, Lasselle, Lemon, Lockhart, Meredith, Miller 
of Clinton, Montgomery, McVey, Newcomb, O'Brien, Olleman, Osborn, 
Patterson, Pcrigo. Beese, Richards, Richardson, Roach, Sabin, Shoaff 
of Allen, Shuey, Sim, Spencer, Steward, Stivers, Stringer, Trusler. 
Upson, Veach, White, Welch, Woods, Wright and Mr. Speaker — 62. 

There being no quorum present, 

Mr. Newcomb moved a call of the House, and that absentees be 
hcnt for. 

Which was agreed to. 

The Clerk then proceodeii to call the roll, with the following result. 
Present, 

Messrs. Abbett, Atkinson, Banta, Beckett, Bird, Boyd, Branham, 
Brown, Burnes, Chambers, Collins, Cox, Croan, Emerson, Ferris. 
Foulke, Goodman, Gregg, Gregory of Warren, Griffith, Groves, Ham- 
rick, Hargrove, Harrison, Higgins, Hogate, Hoover, Hunt, Kilgore. 
Lasselle, Lemon, Lockhart, Meredith, Miller of Clinton, Montgomery, 
McYey, Newcomb, O'Brien, Olleman, Osborn, Patterson, Perigo, 
Reese, Richards, Richardson, Roach, Sabin, ."^hoaff of Allen, Shuey, 
Sim, Spencer, Steward, Stivers, Stringer, Trusler, Upson, Veach. 
Welch, White, Woods, Wright and Mr. Speaker— 62. 

Hr. Brown moved to reconsider that part of Mr. Newcomb's mo- 
tion relative to sending for absentees. 
Which was agreed to. 

' Messrs. Major, Lopp and Stuckey, were excused from the further 
call of the House at this time, on account of sickness in their families. 

On motion by Mr. Kilgore, 

The further call of the House was dispensed with. 

On motion by Mr. Brown, 
The House adjourned. 



471 



TUESDAY MORNING, 9 o'clock, i 
February 2l8t, 1865. / 

The House met pursuant to adjournment. 

The Speaker ordered a call of the House, when the following mem- 
'bers answered to their names : 

Messrs. Abbett, Atkinson, Banta, Beckett, Bird, Bonner, Boyd, 
Brown, Burnes, Burton, Chambers, Cox, Croan, Emerson, Ferris, 
Foulke, -Goodman, Glazebro'ok, Gregg, Gregory of Montgomery, 
'Gregory of Warren, Griffith, Groves, Hamrick, Hargrove, Harrison. 
Henricks, Hogate, Hoover, Hunt, Kilgore, Lane, Lee, Lemon, Lock- 
hart, Lopp, Meredith, Miller of Clinton, Montgomery, McVey, New- 
comb, O'Brien, Olleman, Osborn, Patterson, Perigo, Reese, Rice, 
Richards, Richardson, Riford, Roach, Sabin, Shoaj0f of Allen, Shoaff 
of Jay, Shuey, Sim, Spencer, Stewart, Stivers, Stringer, Trusler, 
Upson, Veach, White, Whiteside, Willis, Woodruff, Woods, Wright 
and Mr. Speaker — 71- 

On motion, the further call was dispensed with. 

The Clerk proceeded to read the Journal, when 

Mr. Trusler, by unanimous consent, was allowed to change his vote 
on the passage of House bill No. 59, from the affirmative to the 
negative. Also, 

Mr. Atkinson was allowed the same privilege. 

On motion by Mr. Neweorab, 

The further reading of the Journal was dispensed with. 

Mr. Brown, by unanimous consent, was allowed to record his vote 
against the passage of Senate Joint Resolution No. 16. 

Mr. Rice, by unanimous consent, was allowed to record his vote in 
favor of the passage of Senate Joint Resolution No, 16^ 

PETITIONS, MEMORIALS, AND REMONSTRANCES. 

By Mr. Gregory of Montgomery, 

A petition from sundry citizens of Montgomery county, Indiana^ 



4T2 

praying to have printed at the expense of the State, the Reports of^ 
the State Board of Agriculture for the years 1861, '62, '63 and '64. 1 
Which was referred to the Committee on Agriculture. 

Mr. Banta presented sundry claims, and moved their reference to 
the Committee on Claims, without reading. 
Which was agreed to. 

Mr. Hogate presented sundry claims, and moved their reference to^ \ 
the Committee on Claims, without reading. 
Which was agreed to. 

Mr. White presented the claim of Jas. R. Bracken, deceased, for 
three hundred dollars, for preparing a new Catalogue of the State 
Library. 

Which, 
On motion. 

Was referred to the Committee on Claims. 

By Mr. Atkinson, 

A petition from sundry citizens of Benton county, praying for arb 
amendment to the law, granting license to retail spirituous and intoxi- 
cating liquors. 

Mr. Newcomb presented the claim of Thomas Cole for forty-one 
days services as Assistant Doorkeeper of the House of Representa- 
tives, during the session of 18j63. 

Which, 
On motion, 

Was referred to the Committee on Claims. 

By Mr. Lopp, 

A petition from sundry citizens- of Harrison county, praying the- 
enactment of a law providing for the payment of losses sus^tained 
during the '^ Morgan Raid.''' 

Which, 

On motion. 

Was referred to the Committee on the Judiciary. 

By Mr. Lane,. 

A petition from sundry citizens of Putnam county, Indiana, pray- 
ing the laws be so amended that no license shall be granted to sell in- 
toxicating liquors, unless the applicant for license shall have obtained 
the signatures to his petition of a majority of the officers and voters- 
of the to-wn or township where he desires to sell. 

Which, 
On motion, 

Was referred to the Committee on Temperaacc 



4Ta 



Bj Mr. Foulke, 



• A petition in behalf of the oflScers and members of Richmond Lodge^ 
No. 69, Independent Order of Good Templars, praying for the passage 
of a Temperance bill as will require the applicant for license to pro- 
cure the names of at least one half of the legal voters in the Ward or 
Township in whiah he wishes to sell intoxicating drinks. . 

• Which, 

On motion, 
Was referred to the Committee on Temperance. 

By Mr. McYey, 

A petition from sundry school officers of Yigo county, praying aa 
amendment to the tax law for school purposes* 
Which, 

On motion, 
Was referred to the Committee on Education. 

By Mr. Lemon, 

A petition from sundry citizens of Harrison county, praying the 
enactment of a law, providing for the payment of losses sustained 
during the " Morgan rebel raid," during the summer of 1863. 

Which, 
On motion. 

Was referred to the Committee on the Judiciary. 

By Mr. Wright, 

A petition from sundry citizens of Jefferson county, asking the- 
Legislature to provide for payment of property taken during the- 
Morgan Raid. 

Which was referred to the Committee on the Judiciary. 

By Mr. Charabers,. 

A petition from sundry citizens of Henry county, on the subject 
of Temperance. 

Which was referred to the- Committee on Temperance^ 

REPORTS FROM STANDING COMMITTEES. 

Mr. Neweomb, from the Committee on the Judiciary, made the fol- 
lowing report : 

Mr. Speaker: 

The Judiciary Committee, to whom was referred House bill No. 



474 

20, entitled " a bill to amend the twenty-second section of an act 
defining misdemeanors, and prescribing punishment therefor," 
approveti June 11th, 1852, respectfully report back said bill to the 
House and i*ecommend that the amendment shall read as follows, to- 
wit : 

Every person who ehall be guilty of notorious lewdness, or shall in 
any public place, make any uncovered and indecent exposure of his 
or their person, upon conviction thereof, shall be fined in any sum 
not less than ten nor more than one hundred dollars, to which may 
be added imprisonment for any time, not exceeding three months." 

And upon the adoption of said amendment, the Committee recom- 
^mend the passage of the bill. 

Which was laid on the table. 

Mr. Newcomb, from the same Committee, made the following 
report: 

Mr. Speaker: 

The Judiciary Committee to whom was referred House bill No. 44, 
entitled " an act to amend the seventy-sixth section of an a<5t enti- 
tled an act defining misdemeanors, and prescribing punishment there- 
for," approved June 14th, 1852, report that the House has passed a 
bill from the Senate upon the same subject. Your Committee there- 
fore report back House bill No. 44, and recommend that it be laid 
■upon the table. 

The report was concurred in, and the bill laid on the table. 

Mr. Newcomb, from the same Committee, made the following 
reports 

Mr. Speaker : 

The Judiciary Committee to whom was referred Senate bill No. €2^ 
entitled '' an act to authorize cities to prepare, execute, negotiate and 
■sell bonds, to provide means to complete unfinished school buildings, 
and to pay debts contracted for the erection of school buildings, and 
■to authorize the levy and collection of an additional special tax, to 
[provide means for the payment of the interest and principal of suck 
bonds, respectfully report back said bill to -the House and recommend 
"the following amendments, to-wit: 

"After the word "debt" in line 13 of section 1, strike out all of 
the end of line 17, and insert " may on the passage of an ordinance 
by the Common Council cf such city^ issue the bonds of such city to 
an amount not" 



475 

And in lines 34 and 35 of said section, strike out the words "Trus- 
tee or Trustees" and insert the words "^Common Council." 

And in line 41 of said section strike, out the words *'and not 
less " and insert '' provided that such bonds shall not be sold at a 
less price." 

And in line 48 of said section, strike out the word " Trustees ''" 
and insert the words *" Common Council." 

And in line 59 of said section, strike out the words '' the special 
school tax " and insert the words " as other taxes." 

And upon the adoption of said amendments the Committee recom- 
mend the passage of said bill 

Which was laid on the table. 

I 

By Mr. Yeach, 

The claim of T. J. Johnson for amounts paid out, and time spent, 
in arresting and attending the trial of L. B. Calhoun, at Indianapolis, 
Indiana, in 1861, amounting to ^123 65. 

Which was referred to the Committee on Claims. 

Mr. Newcomb, from the Committee on the Judiciary, made the fol- 
lowing report : 

Mr. Speaker : 

The Judiciary Committee toSvhom was referred Senate bill No. 
25, entitled " an act defining certain misdemeanors and prescribing 
punishment therefor," respectfully report said bill back to the House 
and recommend its passage. 

Which was laid on the table. 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : 

Mr. Speaker : 

The Judiciary Committee to whom was referred House bill No. 27, 
entitled, " an act to legalize the acknowledgements of all deeds, mort- 
gages and other instruments required to be recorded, taken and cer- 
tified by Notaries Public who took and certified such acknowledge- 
ments after the expiration of their commissions,'' respectfully report 
back said bill to the House and recommend its passage. 

Which was laid on the table. 



476 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : 

Mr. Speaker: 

The Judiciary Committee, to whom was referred Senate bill No. 70, 
entitled, " an act for the relief of any person, or plaintiff in execu- 
tion, all ofiScers to whom execution may be issued on any judgement 
and sureties in certain cases," respectfully report back said bill to 
the House and recommend its passage. 

Which was laid on the table. 

Mr. Newcomb, from the same Committee, made the following 
report : ■. 

Mr. Speaker: - 

The Judiciary .Committee to whom was referred Senate bill No. 4, 
entitled a bill to provide for the making and authentication of tran- 
scripts from the records of the Recorder's office in certain cases, and 
for the admissibility in evidence of the same, and certified copies of 
the deeds and mortgages contained therein, respectfully report back 
said bill, to the House and recommend its passage. 

Which was laid on the table. 

Mr. Newcomb, from the same committee, made the following 
report : 

Mr. Speaker : 

The Judiciary Committee, to whom was referred Senate bill No. 28, 
entitled an act to amend the 25th section of an act defining felonies 
and prescribing punishment therefor, approved June 10th, 1852, re- 
spectfully report back said bill to the House and recommend its 
passage. 

Which was laid on the table. 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : 

Mr. Speaker : 

The Judiciary Committee, to whom was referred Senate bill No. 84? 
entitled " an act to amend section 2, of an act entitled an act pre- 
scribing the powers and duties of Justices of the Peace in stated 
prosecutions, approved May 29th, 1852, so as to authorize the ser- 
vice of a warrant throughout the State," respectfully report back said 
bill to the House and recommend its passage. 

Which was laid on the table. 



477 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : 

Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No. 
141, entitled "a bill to give Circuit and Common Pleas Judges ad- 
ditional powers in civil and criminal cases in vacation," respectfully 
report back said bill to the House and recommend the following 
amendments : 

To insert after the word "party," in the 14th line of section 1, the 
following words, to-wit: "reasonable notice having been given to the 
opposite party of the time and place at which said motion will be 
made, except that no notice for an application for an injunction or 
restraining order may be given where the same is not now required 
by law." 

And the second section be stricken out, and the following inserted 
instead thereof : 

" Sec. 2. The Judges before whom any such motion is made, 
shall make such order in regard to the costs of such motion as shall 
be right, and in every such case as aforesaid, all his orders shall be 
in writing, signed by him, and shall be filed and constitute a part of 
the record of the action;" and upon the adoption of said amend- 
ments, the committee recommend its passage. 
i Which was laid on the table. 

Mr. Newcomb, from the Judiciary Committee, made the following 
report : 

Mr. Speaker: 

The Judiciary Committee, to whom was referred House bill No 34, 
entitled " an act to amend the eighteenth section of an act entitled an 
act regulating descents and the apportionment of estates," respect- 
fully report back said bill to the House, and upon the adoption of the 
amendments by the Committee on Organization of Courts of Justice, 
the Committee recommended its passage 

Which was laid on the table. 

Mr. Newcomb, from the same Committee, made the following re- 
port : 

Mr. Speaker: 

The Judiciary Committee to whom was referred House bill No. 18, 
entitled " an act to amend section second of an act entitled an act to 
require surviving partners to file inventories and appraisements in the 
office of the Clerk of the Court of Common Pleas, and to report the 



1 



478 

liabilities of the firm/' approved March, 5th, 1859, respectfully re- 
port back said bill to the House, and believing that such Legislation 
is unnecessary, recommend that said bill be laid upon the table. 
Which was laid on the table. 

Mr. Newcomb, from the same Committee, made the following re- 
port : 

Mr. Speaker: 

The Judiciary Committee, to wliom was referred Senate bill No. 16, 
entitled "a bill to amend section 349 of an act entitled an act to revise, 
simplify and abridge the rules, practice, pleading and forms in civil 
cases in the Courts of the State, to abolish distinct forms of action at 
law, and to provide for the administration of justice in a uniform mode 
of pleading and practice without distinction between law and equity," 
approved June 18," 1862, respectfully report back said bill to the 
House, and recommend its passage. 

Which was laid on the table. 

Mr. Newcomb, from the same Committee, made the following re- 
port : 

Mr. Speaker: 

The Judiciary Committee, to whom was referred Senate bill No. 
115, entitled " an act to amend section 11 of an act concerning 
County Prisons,'' approved May 27th, 1852, respectfully report back 
said bill, and recommend its passage. 

Which was laid on the table. 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : 

Mk. Speaker: 

The Judiciary Committee, to whom was referred House joint reso- 
lution No. 15, in reference to the exchange of prisoners, respectfully 
report said resolution back to the House, and in their opinion, on 
account of the late action of the Government in reference to the 
subject, its passage is unnecessary ; therefore, the Committee recom- 
mend that said resolution be laid on the table. 

Which, 

On motion. 

Was concurred in. 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following further report : 



47^ 

Me. Speaker : 

The Judiciary Committee, to -whom was referred bill No. 5, entitled 
/* an act to legalize certain records of deeds, mortgages and other in- 
struments recorded in the Recorder's office, of Cinton County," re- 
spectfully report that, the fact that the Recorder of Clinton County 
has spent his time in Washington during a session of Congress, and 
that he was an employee under the Doorkeeper of the House of 
Representatives, does not make him a non-resident of this State, as 
the Constitution declares that " no person shall be deemed to have 
lost his residence in the State by reason of his absence, either on 
business of this State or of the United States." Const, sec. 2, art. 4. 

It does not appear from the preamble of the bill, that said Recorder 
has accepted any office under the United States, but if such were the 
fact, his acts as Recorder would be valid so long as he held and 
exercised the duties of the office in person, or by Deputy, as it is a 
well established rule of law, that the official proceedings of a de facto 
public officer are valid so far as the public are affected thereby. 14th 
Ind. page 82. 

On motion by Mr. Newcomb. 

The report and bill (House bill No. 5,) were indefinately postponed. 

Message from the Senate, by Mr. Whittlesey, their Secretary. 

Mjr. Speaker: / 

I am directed by the Senate to inform the House of Representa- 
tives, that the Senate has passed the following engrossed bills thereof, 
to-wit: 

Engrossed Senate bill No. 5. A bill to amend section 601 of the 
act entitled '^ an act to revise, simplify and abridge the rules, prac- 
tice, pleadings and forms in civil cases in the Courts of this State — 
to abolish distinct forms of actions at law, and to provide for the ad- 
ministration of Justice in a uniform mode of pleading and practice 
without distinction between law and equity," approved June 18th, 
1852. 

Engrossed Senate bill No. 30. " An act to authorize, regulate and 
confirm the sale of rail roads, to enable the purchasers of the same 
to form corporations and to exercise corporate powers, and to define 
their rights, powers and privileges, to enable such corporations to 
purchase and construct connecting and branch roads, and to operate 
and maintain the same." • 

Engrossed Senate bill No. 84. " An act to authorize incorporated 
cities within this State to purchase and hold parks, fair grounds and 



480 

grounds for puWic usbs, and to prescribe rules and regulations for the 
government, control and preservation of the same." 

Engrossed Senate bill No. 50. A bill providing for the redemp- 
tion of real estate or any interest therein, sold on execution, or order 
of sale, and providing for the issuing of certificates of purchase in 
such cases, and for the execution of conveyances, and repealing all 
laws in conflict therewith." 

Engrossed Senate bill No. 52. An act defining the offence of 
bastardy, prescribing the punishment therefor, and declaring the 
power and duties of Justices of the Peace therein. 

Engrossed Senate bill No. 31. An act relating to insurance on 
life for the benefit of widows and orphans. 

Engrossed Senate bill No. 53. An act entitled ^' an act to allow 
County Commissioners to organize turnpike companies where three* 
fifths of the persons representing the real estate within prescribed 
iimits, petition for the same, and to levy a tax for its construction, 
and provide for the same to be free. 

Engrossed Senate bill No. 88. An act repealing the 2d section of 
an act approved March 3, 1853, entitled " an act providing for the 
colonization of free negroes, making appropriations therefor, and es* 
tablishing a colonization agency." 

Engrossed Senate bill No. 92. An act authorizing street or horse 
car railway companies to use State, County or Township roads, or 
other public highways, for their railway track, under certain condi- 
tions and regulations. 

Engrossed Senate bill No. 110. An act entitled " an act to pro- 
vide for the clothing and other personal expenses of the pupils of 
the Benevolent Institutions of the State, to provide for the manner 
of their removal to and from said Institutions in certain cases therein 
specified, and the manner of collecting the expenses therefor."' 

In all of which the concurrence of the House is respectfully re- 
quested. 

Mr. Gregory of Warren, from the Committee on Education, made 
the following report : 

Mr. Speaker : 

The Comntittee on Education, to whom was referred Joint Resolu- 
tion No. 5, ofi'ered by Mr. Gregg of Dearborn county, asking the 
Congress of the United States to change the Agricultural grant to 



481 

the State of Indiana of certain lands, which have heretofore been 
granted to said State for the endowment of an Agricultural College, 
that the Legislature of said State might, if they saw proper, change 
the said grant for the founding and support of a home or homes in 
said State for disabled soldiers and seamen, or for the benefit of 
orphan children of soldiers and seamen of said State, who have died 
or may die in the service of the United States during the present war, 
in such manner as the General Assembly of said State may determine, 
beg leave to report that your Committee have had the same under 
consideration, and have duly considered that matter, and they have 
instructed me to report, that they deem the passage of the said Joint 
Resolution as inexpedient, for the reason that we conceive that the 
Congress of the United States had but one object in view at the time 
she made said grant of lands, and that was, that each State receiving 
the benefits derived from said grant, should endow and establish one 
or more Agricultural Colleges for the advancement of Agriculture, 
Mechanic Arts and Military Tactics, which are all of vital importance 
to the people of Indiana. Your Committee would further report, 
that they are not unfavorable to the United States or of the State of 
Indiana, doing all in their power for the support and maintenance of 
the disabled soldiers, and those who have been made orphans by this 
war, but your Committee are not disposed to recommend that the 
Congress shall make any change in this grant ; all of which is sub- 
mitted. 

Which, 

On motion. 
Was laid on the table. 

Mr. Hamrick was granted leave of absence to sit with the Commit- 
tee on Agriculture. 

Mr. Gregory of Warren, moved to reconsider the motion by which 
his report from the Committee on Education was laid on the table. 
Which was agreed to. 

On motion by Mr. Gregory of Warren, 

The Report and Joint Resolution No. 5, were indefinitely post- 
poned. 

Mr. Boyd, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the following 

H. J.~31 



482 

named claims, for various amounts and purposes, have had the same 
nnder consideration, and would recommend that they be allowed, and 
that the Committee of Ways and Means be instructed to incorporate 
an allowance for the same in the specific appropriation bill. The 
claims are as follows, to-wit: 

Ruger & Caldwell, for the sum of fourteen dollars, for candles and 
brooms furnished for the Legislature in 1863. 

Deloss Root, for the sum of thirty-two dollars and ninety-five 
cents, for stove and pipe for Supreme Court room, in 1862. 

Thomas Dorsey, for the sum of five dollars, for services in pur- 
chasing wood for use of Legislature in 1863. 

D. B. Hugell, for the sum of one hundred and forty dollars, for 
making abstract of books of Northern State Prison, for mileage and 
witness fees. 

Indianapolis Gas Company, for the sum one thousand three hundred 
and sixty-one dollars and three cents, for gas at State House, from 
January 1st, 1863, to January 1st, 1865. 

Hume & Adams, for the sum of four hundred and ninety-six dollars 
and thirty-five cents, for wall paper, borders, &c., for State House, 
furnished in 1865. 

William Hinsley, for the sum of one hundred and eighty-two dollars 
for wood furnished for use of State House, in 1865. 

Tuteweiler & Sutton, for the sum of eighty-two dollars and fifty 
cents, for removing old plastering, for replastering, and patching walls 
of Hall and Senate chamber, in 1864. 

Hume & Adams, for the sum of one hundred and twenty-eight 
dollars, and seventy-seven cents, for goods furnished Governor's 
house in 1863, 1864 and 1865. 

J. H. Ross, for the sum of eight hundred and ninety-six dollars, 
for coal furnished for use at State House, in 1865. 

Browning & Sloan, for the sum of one hundred and eighteen dollars, 
for glass furnished at State House, in 1864. 

J. H. Jordan, for the sum of eight dollars and fifty cents, for adver- 
tising in Daily Gazette in 1863. 

McLene & Herron, for the sum of ten dollars, for repairing clocks 
at State House, in 1865. 



483 

TouFey & Byram, for the sum of five dollars and seventy.three cents, 
for green baize, for use at House of Representatives in 1865. 

Elijah Hackleman, for the sum of ten dollars, for expense of send- 
ing special messenger, with duplicate certificates of election of Gov- 
ernor, in 1865. 

Bowen & Stewart, for the sum of tAvo thousand one hundred and 
twenty-eight dollars and ninety-four cents, for stationery furnished 
for the use of the Legislature, session of 1865. 

Which, • 

On motion, 

"Was referred to the Committee of Ways and Means, mth. instruc- 
tions to incorporate the claims enumerated, in the specific appropria- 
tion bill. 

Mr. Veach, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the following 
named claims for the various suras and purposes, have had the same 
under consideration, and would recommend that they be allowed and 
incorporated in the Specific Appropriation bill for payment. 

Phillip Warner for the sum of two dollars and seventy-five cents 
for brooms furnished for use of the Legislature in 1863. 

Hogshire & Co., for the sum of twenty-eight dollars and thirty cents 
for sundry articles for the use of the Legislature in 1863. 

James Griffin, for the sum of fifty-five dollars for labor in fitting up 
State House in 1863. 

William Braden, for the sum of four hundred and ninety-five dol- 
lars and eighty cents for paper furnished the Secretary of State in 
1863. 

Laurey Kennedy, for the sum of twenty-eight dollars and fifty cents 
for labor in fitting up for Legislature in 1863. 

James H. Hyatt, for the sum of seventy-five dollars for raising 
National flag on the dome of the Capitol in 1863. 

Hawthorn, for the sum of thirteen dollars for water coolers for us 
of Legislature in 1863. 



^1 



484 

C. A. Werbridge, for the sum of seven dollars and thirty-two cents 
for sundry articles furnished for the use of the Legislature in 1863. 

Ramsey & Hanning, for the sum of twenty-three dollars and 
eighty-five cents for gas tube fixtures &c., in 1863. 

John C. Dunn, for the sum of twenty-one dollars and fifty-cents 
for gas pipe, labor &c., in 1863. 

J. S. Walker, for the sum of seven dollars for lumber furnished in 
1863. 

A. M. Elkins, for the sum of twelve dollars for labor performed in 
fitting up for the Legislature in 1863. 

Which, 

On motion. 

Was referrred to the Committee on Ways and Means, with instruc- 
tions to incorporate the claims enumerated in the Specific Appropria- 
tion bill. 

Mr. Emerson, from the Committee on Claims, made the following 
report : 

Mr. Speaker : 

The Committee on Claims to whom was referred the following 
named claims, for the various sums and purposes herein named, have 
had the same under consideration and would recommend that they be 
allowed, and that the Committee on Ways and Means be instructed 
to incorporate an allowance for the same in the Specific Appropria- 
tion bill. 

H. A. Fletcher & Co. for the sum of seven hundred and twenty- 
three dollars and forty- two cents for carpets, mattings kc, furnished 
for State House in 1863. 

James Campbell, for the sum of three hundred and eighty-four dol- 
lars and sixty-seven cents for books furnished for use of State Prison,, 
per^order of Superintendent of Public Instruction, in 1861. 

Which, 

On motion, 

Was referred to the Committee on Ways and MeanSy with instruc- 
•tions to incorporate the claims enumerated in the Specific Appropri- 
ation bill. 

Mr. Groves, from the Committee on Claims, made the following 
report : 



^ 485 

Mr. Speaker: 

The Committee on Claims, to whom was referred the following 
named Claims for the several sums and purposes, have had the same 
under consideration and would recommend that thej be allowed and 
incorporated in the Specific Appropriation bill for payment. 

John Lanahann, for the sum of eighty-three dollars for labor in 
fitting up State House in 1863. 

Jacob Lindley, for the sum of four dollars for pitchers and tumblers 
furnished in 1859. 

R. S. and A. W. McOuat, for the sum of twenty- four dollars and 
fifty-five cents for sundry articles furnished for the use of the Leg- 
islature in 1863. 

Semmons & Co., for the sum of one dollar and twenty-five cents 
for thermometer for House of Representatives in 1863. 

William Sheets, for the sum of eighty-six dollars and forty-five 
cents for sundry articles furnished for State Librarian in 1862. 

J. McLene and Co., for the sum of two hundred and two dollars 
and eighty cents for paper furnished Secretary of State in 1868. 

James Russell, for the sum of nine dollars for sawing and splitting 
wood for use at State House in 1863. 

Latham B. Brown, for the sum of thirty dollars for labor done at 
State House in 1863. 

J. B. Wilson, for the sum of twenty nine dollars and thirty cents 
for sundry articles furnished for use at State House in 1863. 

Which, on motion, was referred to the Committee of Ways and 
Means, with instructions to incorporate the claims enumerated in the 
Specific appropriation bill. 

Mr. Spencer, from the Committee on Agriculture, made the follov/- 
ing report : 

Mr. Speaker : 

I am directed by the Committee on Agriculture, to whom was re- 
ferred Senate bill No. 61, " an act to amend section 4 of an act con- 
taining several provisions regulating landlords, tenants, lessors and 
lessees," approved May 20th, 1852, to say that they -have had the 



486 

same under consideration and beg leave respectfully to report the 
same back to the House, and recommend its passage. 
Which, on motion, was laid on the table. 

Mr. Bonner, from the Committee on Agriculture, made the follow- 
ing report : 

Mr. Speaker : 

The Committee on Agriculture, to whom was referred Senate bill 
No. 60, a bill to amend the 21st section of an act entitled *' an act to 
authorize a company to construct the Aurora and Laughery Turnpike," 
approved Febuary 15th, 1848, have had the same under consideration 
and have directed me to report the bill back to the House, and 
recommend its passage. 

Which, on motion, was laid on the table. 

Mr. Griffith, from a Select Committee, made the following report: 
Mr. Speaker: 

The Select Committee to whom was referred sundry petitions from 
citizens of Indiana, asking the passage of a law regulating the prac- 
tice of medicine in Indiana, having considered the same, beg leave to 
report as follows : 

The subject is one of momentous import to the people themselves 
and not to the practitioners of medicine. There is no business in 
life which should be so free from unjust pretentions and impertinent 
assumption as that of the healing art, none in which its operatives 
should be so thorough and mankind so exacting. 

The enlightened, humane, painstaking and energetic physician 
should stand in the very front rank of society, and should receive the 
cordial greeting of all who respect moral worth, intellectual culture, 
and true greatness ; but the ignorant pretender, on the other hand, 
should be visited with the contumely of the world. Such names as 
Waller, Boerhare, Sydenham, Jenner, Watson, Rush, Abercrombie 
and John Mason Good come down to us as brilliant examples of devo- 
tion to that great art which has the interest of the world in its keep- 
ing. 

The medical man who lives for usefulness, emulates those bright 
examples and hesitates to take the responsibilities of his profession 
without due preparation. But the heartless charlatan, whose chief 
purpose is gain, enters upon the arena surrounded by mystery and 
great pretension, and, upon the natural credulity of mankind, so ope- 
rates as to take the same rank in the public view as the sincere stu- 
dent of science. 

The people are themselves blameable for this state of things, and 
for the purpose of rescuing them from imposition the Legislature of 
Indiana should aid them to keep heartless pretenders, who strove 



487 

alone for lucre, from thrusting themselves between the blind and 
their sovereignty. The people, by the sad lessons of experience, do 
eventually become qualified to judge understandingly of those per- 
sons pretending to be desciples of Esculapius, but mgdical men from 
intercourse, are better judges of the professional qualifications of each 
other. If the medical man who has taken a proper view of his 
responssbilities has become impressed with the necessity of receiving 
courses of lectures and receiving his diploma as a proper professional 
passport to society, before he assumes the weighty position of a 
minister of life or death to the body, must be placed on the same 
level with the imposter who never has walkedjeven in the shadow of a 
medical institution, and whose chief capital in trade is violent decla- 
mation against medical systems, built upon long expereince and a 
strong array of truth, we respectfully ask should not th